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Full text of "Ancient criminal trials in Scotland / Compiled from the original records and mss.; with historical illus. by Robert Pitcairn Pt.1"

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Pitcairn, Robert, 1793-1355 
Ancient criminal trials in 
Scot land 



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KING PRESS NO. 3O3 



ANCIENT 

CRIMINAL TRIALS 

IN SCOTLAND. 



VOL. III. PART I. 

1609-1615. 



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ANCIENT 



CRIMINAL TRIALS 



IN SCOTLAND; 



COMPILED 



FROM THE ORIGINAL RECORDS AND MSS., 
WITH HISTORICAL ILLUSTRATIONS, &c. 



BY 



ROBERT PITCAIRN, ESQ 



VOL. III. 
PART FIRST. 



EDINBURGH: 

PRINTED FOR THE BANNATYNE CLUB. 
M.DCCC.XXXIII. 



TO 

THE HON. DAVID HUME, 

ONE OF THE BARONS OF THE COURT OF EXCHEQUER, IN SCOTLAND, 

LATE 

PROFESSOR OF SCOTS LAW, 
IN THE UNIVERSITY OF EDINBURGH, 

AND 

AUTHOR OF COMMENTARIES ON THE CRIMINAL LAW, &c. &c. 

THIS THIRD VOLUME 
OF A COLLECTION OF THE MOST ANCIENT TRIALS, NOW ON RECORD, 

BEFORE THE 

HIGH COURT OF JUSTICIARY, 

IS, WITH EVERY SENTIMENT OF ESTEEM AND RESPECT, 

DEDICATED- 

BY 

THE EDITOR. 



CRIMINAL TRIALS 

AND OTHER PROCEEDINGS BEFORE THE 
HIGH COURT OF JUSTICIARY. 



'[Sir Wittiame Heart, iTitftice-Depute.~] 

Creasottafcle dFire^raisttijj Cruel depression Creason 

OTarU out of tyt Castles of 3$lacftness an* <innfrur]jfn 



THE almost incredible wickedness and atrocious cruelty of SIR JAMES MAKCONEILL (M ACDO- 
HALD), the individual whose Trial follows, and the horrible facts which the reader will find therein 
disclosed, afford a lamentable picture of the barbarous state of manners prevalent in the Western 
Islands of Scotland, even at so comparatively recent a period as the reign of King James VI. Did 
we not know that such outrageous proceedings were but too common in Scotland at this melancholy 
period, and especially in the Highlands and Islands, which were then far removed from the feeble arm 
of the Law, Sir James's misdeeds would hold a most conspicuous place in the dark catalogue of crimes. 
Without entering into any narrative of similar acts of violence and bloodshed, but merely to shew that 
Makconeill was not a solitary instance of the perpetration of such execrable deeds, and that he was by 
no means unworthy of his descent and kindred, the reader need only refer to a previous portion of this 
Collection, 1 where a few of the acts of Angus Makconeill of Dinnievaig, his father, and of Maclane 
of Dowart, his maternal uncle, are rehearsed. 

It would be rather out of place to enter here into a detail of the frightful and bloody feuds and conflicts 
between the contending tribes of CLANDONALD and CLANLAIN ; which are fully recorded by Sir 
Robert Gordon of Gordonstoun, in his valuable Genealogical History of the Family of Sutherland, 
who informs us, that these inveterate hostilities were long and fiercely ' prosecuted, to the destruction 
almost of both their families !' 2 

Of the personal history of SIR JAMES MAKCONEILL little can now be collected, saving from the 
Books of Adjournal and of the Privy Council, and from the public transactions in the Isles, after he 
had effected his second escape from ' ward.' It is certain, that he could boast of a very honourable 
descent, being sprung from the ancient Norwegian family of the Lords of the Isles, who long main 
tained their independence of the Scotish Crown, and used and received the title of KINGS OF THE 

1 Vol. I. p. 224, Jan. 19, 1590-1. * This is now rendered the more unnecessary, as the Editor has (since 

this Notice was in types) been informed by his friend, DONALD GREGORY, Esquire, one of the Secretaries to the Society 
of Antiquaries of Scotland, that he is now engaged in preparing, for publication, a HISTORY OF THE ISLES and adjacent 
HIGHLANDS, embracing a minute account of the various rebellions, feuds, and conflicts of the various families, who, 
after the fall of the Lords of the Isles, rendered this part of Scotland a scene of almost uninterrupted warfare and 
bloodshed : which MR GREGORY purposes to compile from Original Documents, the result of a laborious investigation 
into the Public Records, and other genuine and authentic sources of information. The publication of MR GREGORY'S 
History of the Isles, &c. will save the Editor the necessity of giving many of the Documents which he had prepared 
for publication, in illustration of various Trials ; for they ought rather to form a part of such an historical work, 
which is a great desideratum, and cannot fail to be favourably received by every lover of Scotish History. 

VOL. III. A 



2 CRIMINAL TRIALS. A.D. 1609. 

ISLES. JOHN OP YLE, or de Insults, eldest son of John Lord of the Isles, was unquestionably 
the common ancestor of the Macdonalds of Dunniveg and Glynnes, the Marquis of Antrim, in Ire 
land, &<., and predeceased bis father ; who, Nov. 15, 1369, gave his grandson Angus as a hostage to 
King David II, for his obedience, &c. Some of the descendants of this John, having settled in the 
North of Ireland, acquired by force, and afterwards maintained by violence, the Route and the Seven 
Glynnes, 1 and soon distinguished themselves by their services against the Scots. Alexander Mac- 
Donell was, in 1557, for his valuable assistance, presented by the Earl of Sussex, Lord Lieutenant 
of Ireland, with a gold sword and silver-gilt spurs ; and others of the family were equally active against 
their ancient mother country. A brother of this Alexander, named Sorley-buy,* having seated himself 
elsewhere, built and fortified the strong Castle of Dunluce, in the county of Antrim : and, as being 
of the Scotibh-Irish race, was by patent, dated at Westminster, Apr. 14, 1573, created a free deni 
zen of Ireland. Having rebelled, Sir John Perrot, Deputy of Ireland, took the Castle of Dun- 
luce, with all his islands and loughs ; and, next year, having sued for the protection and favour of 
Queen Elizabeth, he entered into Indentures for preservation of the peace, Juu. 28, 1586. Sorley~buy 
married Mary, daughter to Con O'Neill, afterwards created Earl of Tyrone. Their eldest son, Randal, 
was created Earl of Antrim,. 

The purpose of stating this connexion is to prevent Sir JAMES MAKCONEILL of Kintyre and Knok- 
rynsay, the Chief or eldest son of the Chief of the powerful Ciandonald or dan Ian More of Kintyre 
and Hay, from being mistaken for another Sir James Makconeill, one of his Irish relatives (the second 
son of this Sorley-buy), who, at this period, visited Scotland, and was honourably received by the 
King, when he had the honour of knighthood conferred upon him. He was afterwards created a Baronet, 
by Privy Seal, dated Southwicke, 20 June, and by Patent, at Dublin, Nov. 30, 1627, as well for his 
service done unto him, as for his other virtues ;" and was known, in Ireland, by the title of Sir James 
MaC'Sorlye-Boye. The first notice of the latter Sir James, which the Editor has met with, is in an 
Anonymous,MS. History of Scotland, in the Advocates' Library, where mention is thus quaintly made 
of him. < The 20 day of Aprylle, (1597,) JAMES M C CONEILL, alias Soirllbowy,* cam to Ed r , quha 
wes maid kny 1 be his Ma% the 24. This Schir James wes ane Scottis manne^ of bluid, albeit his lamlis 
lyis in Yrland. He was ane braw manne of perfoun and behaviour, bot had nocht the Scottis toung, 
nor na langage bot Eirfe.' Birrel, in his gossipping Diary, contents himself with remarking, that 
' Serlie Bui cam to the tonne, ane Hyland man.' And (May 4) ' JAMES MONEILL, alias Serle Bui. 
The 7 day of Mali he went homeward ; and, for honour of his bonyalla, the canons shott out of the 
Castell of Edinburghe.' 5 

With regard to Sir James Makconeill of Knokrynsay and Kintyre, as he lived in a district so re 
mote from the seat of Government, and seems to have had his hands full at home, the first known 
mention made of him is (Aug. 5, 1598,) M C LEANE was flayne be M c coNEiLL, 6 in Ylla, he being 
moder-brother to the faid Schir James M c coneill, and ane of the braw man that wes in this cuntrey, 
in his tyme. Thair wes flayne that day betuix thame, on bayth fydis, to the number off 150 menne.' 

These few imperfect sketches prove that Makconeill was reckoned a personage of considerable note, 
even at Court, and in the Capital, previous to the King's accession to the English throne. 

The next prominent circumstance in the life of Makconeill which can now be collected, after the 

1 It is worthy of remark, that, from the age of Donald de Intuits, who flourished in 1449, to Angus, the father 
of .Sir James of Knokrynsay, the lineal descendants of John de Insulis above noticed, resident in the Isles, are uni 
formly styled ' Lords of Dunnoway and Glynnis.' Whether they merely assumed the title as feudal superiors of the 
Irish branch, or whether they were actually the proprietors of the soil, of whom the Irish Macdonalds held, Mr 
Gregory will probably be enabled to explain. * The yellow-haired Somerled. B. I .at. Sorletus, or Sorlie, and 

in Irish and Gaelic, Samhairle, long a prevalent name in the family of the Isles. * Lodge's Irish Peerage, I. 106. 
4 ' Surle-Bouie' is interlined. Anon. Hist, of Scotland, MS. Adv. Library. * ' NEIL (HECTO) M C LANK 

tlaina, and twentie of his narrest I'm ml is, and his awen sone, be M c ConneO; thai being at ane tryst, under 
trust.' Birrei. 



42 & 6 JAC. VI. CRIMINAL TRIALS. 3 

period of his apprehension and imprisonment, is the extraordinary attempt to escape out of Ward, from 
the Castle of Edinburgh, 1 which was so boldly planned, and so successfully accomplished by John 
Lord Maxwell. The event is thus briefly described in the above mentioned Chronicle, where the cause 
of Sir James Makconeill's failure is rightly attributed to the circumstance of his having been unable 
to extricate himself from his heavy irons, whereby he dislocated or broke his limb, in leaping over the 
wall. This breaking of ward forms one of the leading Articles of Dittay against Makconeill. (1607, 
Dec.) ' In the beginning of December, THE LORD MAXWELL, being wairded in the Caftle of Edin 
burgh, devifeth a play 2 for the keepers, whereby it behoved them to runne out of the houfe where he 
lay. They lay afide their fwords ; Maxwell and another gentleman who came purpoflie to affift him, 
with the advice of Mackoneill, take their fwords, clofle them in a houfe, come to the Caftle gate, hurt 
the porters, lappe the Caftle-wall at the utter-gate. Maxwell and his friend departed. Mackoneill, 
becaufe he had the boyes 3 on his legges, wrefted his kute 4 in leaping; yett he creeped to a dunghill. 
The crye 5 rifing, he was diligentlie fought, found calling the muck upon himfelf, and was brought to 
the Caftle agane. This fell furth in the gloming. 6 The reft of the Wairders were keeped the ftraiter. 
Clojburne was intifed be thame, but refufed to breake waird.' 

The anonymous Chronicler, before quoted, thus narrates the proceedings which followed on the 
recapture of this refractory prisoner. Now as ye have hard befoir, Sir James M c coneill of Kintyre, 
being in waird in the Caftell of Edinbroghe, was, one the 13 day of Maii (1609), brocht to the tol- 
buyth of Edinbrughe, and thair, befoir the Juftice, put to the tryell of ane Aflyife, for findrie poyntis 
of Treflbun, to witt, for Slachter, wnder treft, of fum Heland-men, in his awin hous of Kintyre ; as 
alfo, for diuerfe ffyris that he had raiflit, contrair the Act of Parliament ; and, in fpeciall, for the cryme 
of Treflbune, in breking of the Kingis waird, and ftreking of his Maiefteis feruandis : And, being con- 
wict, condamnit, as ane Tratour to his Maiefty, to haue hes heid ftrukin off, bot nather the day nor 
pleafe defignit. Quhairwpone he was conwoyit bak to the Caftell, to remayne during the Kingis will. 1 
This History, unfortunately, terminates before Makconeill's final escape. 

Without rehearsing the substance of the interesting ORIGINAL LETTERS of Sir James Makconeill 
and others, after the date of his second escape, (which at length he effected, and made a successful 
retreat to the Isles, and maintained himself and a considerable force which he had collected,) it is suffi 
cient to mention, generally, that, according to Sir Robert Gordon, ' Sir James Mackonald was thereafter, 
by the Earle of Argyle his meanes, warded in the Caftell of Edinburgh, and keipt priflbner ther a long 
tyme ; from whence he efcaped, by the meanes and diligence of his coufen Mackrenald, who then fled 
with him into Spain ; 7 wher they were weill interteyned. And vpon the Earle of Argyle his flight from 
Scotland to the King of Spain, they were both recalled home from thence by his Majeftie, into Eng 
land, the yeir 1620 ; and had there ane yeirlie penfion of ane thoufand merks fterling; wher Sir James 
Mackonald remained vntil his death, which happened the yeir 1626.' The Documents given in the 
APPENDIX explain fully all that can now be satisfactorily ascertained, so far as is necessary to eluci 
date the details of this Trial. It is certain that Sir James was pensioned, and was permitted to reside, 
without molestation, in England ; but it is not so easy to account for the extraordinary policy of the 
King and his advisers, not only in sparing the life of so notorious a criminal and rebel, but in giving 
him likewise so liberal a pension, for so many years ! 

The arm of Government must have been weak indeed, when, after the forfeiture of Sir James, his 

1 Sec also Lord Maxwell's Trial, Jun. 24, 1609, and the Appendix of Original Documents, for farther particulars 
of this remarkable attempt. * Sport, frolic. 3 A cant phrase for gyves, or heavy irons used for desperate 

offenders. * Sprained or dislocated his ankle. 5 Spraiche ; hue and cry. 6 After sunset ; towards 

nightfall. * ' Dureing Sir James Mackonald his stay in Spain, his brother ANGUS MACKONALD (Angus Oig), 

standing out against the Earle of Argyle, wes trained into Edinburgh by the Lord Ochiltree and the Campbells, vpon 
promise to saiff his lyff : And the Castell of Dounnivag wes randered vnto them, vpon the same termes. Nevertheles, 
the said Angus wes executed, and put to death, at his coming to Edinburgh.' Hint, of Earls of Sutherland, p. 239. 
See also this Collection, Jul. 3, 1G15. 



4 CRIMINAL TRIALS. A.D. 1609- 

brother Angus Oig should have been able, in defiance of the various Royal Lieutenants sent to reduce 
him to obedience, to maintain the Castle of Dnnnievaig, until 1615 ! The same barbarous policy 
which Argyle adopted in reference to the MacGregors, was resorted to with Angus Oig ; who, under 
promise of safety, was trained to Edinburgh, also by the Campbells, his feudal enemies ; who bad long 
been eagerly soliciting, and, by their treacherous conduct, finally obtained, a grant of the ancient inhe 
ritance of the Macdonalds, and executed for Treason ! 

Sir Jamea Balfour of Kinnaird and Denmylne has fortunately preserved a body of original and 
authentic information, relative to the state of the Western Islands, in bis extensive and truly valuable 
MS. Collections, 1 which the Editor shall have frequent occasion to refer to, in the course of this Work. 
A selection from these Original Papers, given from time to time, will better, and much more forcibly, 
illustrate the causes and effects of those various commotions in ' THE ISLES,' which excited such lively 
interest during King James VI's reign, than any detailed Narrative, which, owing to the nature of this 
Collection, must necessarily be brief. 

After considerable research, the Editor has the satisfaction of being enabled to append to the ensuing 
Trial, and to that of Angus Oig, a number of valuable Letters and Papers, taken from the Originals 
still extant amongst the Records of the Privy Council of Scotland, and in the Advocates' Library. 
These Documents will be found of considerable importance, as not only affording satisfactory eluci 
dation of points connected with Sir James M akconeill's Trial, but as supplying much curious informa 
tion relative to the state of the Western Islands, during that unhappy period. 

The History of Scotland, so far as concerns the various Expeditions against the Islesmen, which 
were fitted out at the public expense, as well as the numerous feuds and conflicts between contending 
Chieftains and Clans, is necessarily meagre and unsatisfactory; and, as is well known to those who have 
attempted such investigations, it is extremely difficult to obtain authentic information on the subject.* 

It may, however, be proper to remark here, generally, that, owing to the inaccessible nature of their 
country, and the facilities which the natives possessed for carrying on a most harassing warfare against 
any invaders, however well appointed and disciplined these might be, the most vigorous steps taken 
by the ablest Royal Lieutenants or Commanders ever sent to quell the Islesmen, frequently proved 
abortive or nugatory. At other times, the natives contrived to protract the warfare, without coming 
to decided hostilities, in order that the season might elapse without any considerable advantages being 
gained by their enemies ; and then, they had the whole winter and spring to repair their losses, and to 
arrange for a more vigorous resistance, should a landing be effected, during the next summer. On 
almost every such occasion, the largest expeditions ever fitted out by the Privy Council of Scotland, 
even when assisted by English vessels of war, (after King James had succeeded to the throne of Eng 
land,) were baffled by the ingenuity and military skill of this handful of hardy and active Islesmen. 
Some of the Royal Lieutenants appear to have been furnished with large complements of troops ; but 
this very circumstance, formidable as it might otherwise appear, frequently tended to their discomfit 
ure. The castles of the Island Chiefs were usually places of great strength ; and, on such occasions, 
were well victualled ; and besides, many of them were, by nature, situated where the clumsy batter 
ing-trains then in use could not be brought to bear upon them. The setting fire to the wretched 
huts of the natives, and laying waste the country, was attended with comparatively little loss to them. 
Indeed, this was a measure often resorted to, on emergencies, by themselves ; for it deprived the more 
effeminate Lowland troops of that shelter which was absolutely necessary for their health. 

From the hour of their disembarking, the Royal troops knew no repose ; and they suffered the most 
dreadful privations from cold, famine, incessant watching, and fatigue ; for the Islanders, besides their 

' Preserved in the Library of the Faculty of Advocates, Edinburgh. MR GREGORY'S Historical enquiries 

must throw much light on every point connected with the Isles and adjacent Highlands ; and the authentic sources 
from which his materials are derived, must stamp the highest value on the work he has undertaken. 



42&6JAC. VI. CRIMINAL TRIALS. 5 

usual annoyances, harassed them chiefly during the night, by making continual attacks and skirmishes, 
setting fire to their huts, tents, &c. Besides all these hardships, owing to the tempestuous seas and the 
imperfect state of navigation at the period, the invaders were frequently cut off from their supplies for 
a long time. On the other hand, the vigilant Islanders, when they happened to be very hard pressed by 
a determined pursuit and onset, merely flitted from one Island to another, in their curraghs or light 
boats, which they easily carried with them over land ; and, almost before their enemies had prepared 
to rest from their fatigues, they were surprised and attacked during the night. 

The chief cause of the numerous successes gained by the Islanders over their invaders seems to have 
arisen from the minute knowledge which they possessed of the fastnesses of the country, and their 
determination to avoid a general engagement. A common ruse de guerre was, for a party of active 
men to make a bold attack on the encampment, as if to carry off plunder, &c., at a time when the 
Royal troops were unprepared ; and when pursued, they gradually fell back on the hilly ground, so as 
to lead their invaders into ambushes, which were frequently formed not far from the tents. In this 
way great numbers fell ' in detail' When the King's soldiers endeavoured to penetrate into the 
country, in pursuit of the enemy, they appeared to meet with little actual resistance, but were artfully 
decoyed farther and farther, by the occasional appearance of numbers of the Islesmen, as if in full 
retreat. The Royal troops, as soon as they were considered to be fatigued with the day's march, were, 
in their turn, severely galled, and the stragglers systematically picked off. Vigorous attacks were also 
occasionally made on the main body; and, on their finally returning to the tents, they found their 
guards killed, and the whole encampment plundered and destroyed by fire I 

Thus, for want of a substantial enemy wherewith to contend, each campaign was, of necessity, 
terminated before any decisive blow could be struck ; and while the Royal troops were greatly thinned 
in their numbers, by fatigue and famine, as well as by the ceaseless assaults of their enemies, the hardy 
Islesmen, trained to hardships, and inured to almost daily privations from their infancy, thought little 
of their toils and dangers. Indeed, they were often enriched by considerable booty, carried off from the 
enemies' camps ; and, in reality, they almost always triumphed over their formidable, numerous, and 
well- disciplined foes, by stratagem, and the skilful employment of the most approved tactics then 
known in Highland warfare.} 

May 13, 1609. SIR JAMES MAKCONEILL of Knokrynfay, knyV 
Dilaitit of airt and pairt of the treasonable Raifeing of ffyre and burning of 
the hous of Afkomell in Kyntyre, in the moneth of Januare, I m .V c .lxxxxvij 
yeiris ; and vtheris treffonabill crymes, contenit in his DITTAY vnderwrittin. 

SIR JAMES MAKCONEILL of Knokrynfay, kny*, ge ar indyttit and accufet : 
Forfamekill as, frome 3our verrie 3outhe, 30, being tranet vp in all maner of 
crewall barbaritie and wiketnes, and following the pernitious exampill of 3our 
godles parentis, kynfmen and cuntrie people, haifing committed infinit Opprel- 
iiones and violences aganis fie perfones as 36 miflykit, in }>e cuntreyis of Kyn 
tyre, Ila, and vtheris Hielandis lies of this Kingdome, to the heich offence of 
God, difpleibur of the Kingis Maieftie, contempt of his authoritie, and violatioun 
of his Lawis : For forder manifeftatioun of 30111-6 extreame and maift vnnaturall 
mifchancie, 2 viiderftanding )>at pe fones of J?e vmq le Tutour of Loupe war in 
3 our faj>eris hous of Afkomell, in Kyntyre, and that the Laird of Loupe (quho 
1 See Jul. 3, 1615, &c. z Recklessness, wickedness. Old Fr. meschancete. 



6 CRIMINAL TRIALS. A.D. 1609. 

had flane jour fader 1 ) was verrie defyrous to haif )?air lyves ; 36, accumpaneit 
with 3our broj>er, Angus Oig, and the faid Laird of Loupe, with tua or thre hun- 
dreth barbarus, wikked and bludie Hieland-men, foirneris, and avowed maliefac- 
touris, all bodin in feir of weir, with hagbutis, piftolettis and vtheris forbidden 
wappones, vpone the . . .* day of Januar (fyftene dayis or )>airby eftir gule) in J>e 
3eir of God, I m .V c . fourfcoir fevintene 3eiris, (1597) come in the nycht to the faid 
hous of Afkomell, quhair J>e faid Tutour of Loupis fones war, takand J>e nychtis 
reft, lipning for no trubill, danger or invafioune to haif bene maid be ony man 
aganis J>ame ; and invironed )>e famyn, in all fydis, with grit numberis of 3our 
airmet men ; and about J>e brek of day, calling in to theas who war within, to 
rander J>e hous and J>ame felffis to 3ow, thay, for feir of fair lyves and of J>e 
raercieles crewaltie of 3ow and 3our bludie affifteris, refuifeing to rander ; albeit 
30 knew that Angus M c coneill, 3 3our faj>er, was within the hous, with whome 30 
had privat and freindlie meiting and conference that fame nycht, and had pairtit 
frome him in fie profeffioun of love and naturall deutie and reuerence, as 36 had 
prefentit and gevin to him ane pair of piftolettis : NEUER)>ELES, cafting of all 
bandis and refpectis of confcience, honeftie, and of nature, to 3our faj>er, and to 
3our moj>er Fynwall Nikclane, 4 quhome 36 knew to be alfo within J?e faid hous, 
36 godleflie, barbaruflie, viprouflie and treflbnabillie, be 3our felf and 3our com 
plices, in 3our name, of 3our caufing, command, afliftance and ratihabitioun, fet 
ffyre in all )>e four coirneris of J>e faid hous ; quhairby 3our faidis parentis, and 
haill remanent perfones being within }>e faid hous, being brocht at J)e verrie inftant 
to extreme danger of J?air lyves, and 3our moj>er crying out to 3ow, ' THIEF ! 
Will thow burne thy mo])er ?' ge nawayis caufit ftay or flokin 5 J)e ffyre, hot fuf- 
ferit J)e famyn to rage, quhill c J>e ruif of J>e hous began to fall ; and 3our fajjer, 
haifing fufierit moft crewall extremitie, and being brunt in thre or four pairtis 
of his body with )>at fyre, was forcet to rufch to the dur, quhair 36 had prepairit 
ane number of grit treyis to be laid croce J)e dur, a)?er to ftay his furth cuming, 
to )>e effect he micht be brunt within the hous, or micht be fo hinderit in his 
furthcuming, as he fould indoutitlie fall in 3our mercieles handis : Accoirding to 
the quhilk proiect, he, falling amangis J?e faid treyis, was pudillit in ane myre 7 
be 3our fervandis, in 3our ficht ; and Jmireftir tranfportit, in his fark, to Smerbie, 
tuo myles diftant from Afkomell, quhair 36 fetterit him in irnes, with ane vther 

1 Probably father-in-law ; the father of Margaret Campbell, his wife. * < Threttein' is partially 
erased. a Angus Macdonald of Dynnievaig and Glynnes. * Nyc, f daughter,' is sometimes, 

in the public Records, used as a prefix to the patronymic, in the case of a female. Mac, l eon,' is the 
masculine, though, in modern practice, generally used indiscriminately for the patronymic of both sexes. 
Nik is considered to be a compound of Nyn and Fie, which is the genitive of Mac. Nik thus s'gnifies 
Daughter of the eon of, or Grand-daughter of. This Lady was a daughter of Maclane of Dowart. 
See Vol. 1. 224, Jan. 9, 1590-1. 5 Quench, slake, extinguish. 6 Until. ' Dragged 

through a miry puddle. 



42&6JAC. VI. CRIMINAL TRIALS. 7 

of 3our priffoneris, and detenit him in J)at moft vnnaturall, mercieles and mifer- 
abill eftait, be f>e fpace of ane quarter of ane 3eir : AND fua, be )>e crewall and 
wilfull ffyre-raifing, committit be 3ow, and vj>eris in3our name, of 3our caufing, 
command, affiftance and ratihabitioun, in maner aboue writtin, quhairof 36 war 
and ar airt and pairt ; ge committit moft heigh and manifeft Treafone, and aucht 
and fould be pwneift J>airfore, accoirding to }?e Lawis and practik of this realme : 
Quhilk is notourlie knawin, and 36 can nocht deny. SECUNDLIE, ge ar indytit 
and accufet, fforfamekill as his Maieftie, (quhome J)e warld knowis, and })is cun- 
trie hes evir experimentit to be ane moft godlie, juft, and gracious Prince,) de- 
tefting 3our vnnaturall crewaltie and wikketnes, haifing caufit tak and apprehend 
3ow, and commit 3ow to waird in J)e Caftell of Blaknes, for ))e faid treffonable 
cryme of ffyre-raifing, committit be 3ow at J>e tyme and in maner foirfaid, and 

many vtheris 3our haynous offences and crymes, 30, in the moneth of , 

or ]?airby, )>e 3eir of God 1604 3eiris, moft treffonabillie interpryfet, be }>e affift 
ance of fum of 3our auld complices, to haif treffonabillie forcet }?e faid Caftell of 
Blaknes : Quhilk purpois being difclofet and difapointit, and 36, for 3our moir 
faif keiping, being tranfportit to }>e Caftell of Edinburgh, 36 fair lykwayis inter 
pryfet, in the moneth of . . . ., the 3eir of God I m .Vj c . and fax 3eiris, and pre 
pared meanis to haif brokin 3our waird : And being alfo difapointit of that at 
tempt, 36 war ]?airin detenit in irnes, till at laft, in the monethis of Nouember 
and December, the 3eir of God 1607 3eiris, 36 treffonabillie confultit, devyfet, 
refoluet, and concludit with Johnne Lord Maxwall, and Robert Maxwall callit 
of Jje Tour, being bothe his Maiefteis Wardouris, 1 fforceablie, violentlie and tref 
fonabillie to force his Maiefteis Caftell of Edinburgh, and brek waird furth J>air- 
of ; conforme to J>e quhilk refolutioun, 36 and 3010* faidis complices, vpone f>e 

day of December, the 3eir of God I m .Vj c . and fevin 3eiris, haveing pre- 

pairit all thingis neceffar for executioun of 3our devillifch proiect, be fubteill 
meanis, maid 3our felffis maifteris of 3our keiperis wapones ; and than rufching 
furth of J)e chalmer, and loking }>ame in within }>e fame, quhairby thay fould 
na]?er be able to ftay 3our purpois, nor to difcouer 3ow, 36 come to })e Inner-3et 
of the faid Caftell, quhair, being accumpanyeit with J?e faid Lord Maxwall and 
Robert Maxwall, with drawiri fuordis in 3our handis, 30 treffonabillie invaidit 
Alexander StruJ)eris, 2 keiper of J>e faid 3ett, for his flauchter ; and becaus he, 
accoirding to his deutie, refifted 3ow in 3our faid treffonabill interpryfe, 36 gaif 
him tfyuerfe grit and dangerous woundis in his held and airme, to the grit effu- 
fioun of his bluid and danger of his lyfe ; and haifing left him lying for deid, 36 
and 3our faid complices forceablie and treffonablie opnit J?e faid Inner-jet, quhair 

1 Prisoners, persons detained in ward or captivity ; not Warders, in the English sense of the word. 
* Strutbers. 



8 CRIMINAL TRIALS. A.D. 1609. 

36 lykwayis vnhoneftlie, crewallie, and treflbnabillie hurt and woundit Margaret 
Phillope, wyfe to the faid Alexander, in )>e heid, with 3our fuordis, to )>e grit 
effufioun of hir bluid, and left hir alfo lying for deid : And then, haifing no for- 
der refiftance, 36 $eid l forwartis to J>e Myd-3et of the faid Caftell ; and )>air 36 
and }>e faid Lord Maxwall treflbnabillie invaidit Archibald Cunninghame, Maif- 
ter-porter of J>e faid CafteU, for his flauchter ; and becaus he wald nocht delyuer 
to 3ow )>e keyis of )>e laid 3et, 30 gaif him ane grit and dangerus ftraik, in )>e left 
airme ; be j>e paine quhairof, and abundance of )>e bluid rynning frome him, he 
being almoft in found, 8 36 reft the keyis frome him, and treflbnabillie forcet )>e 
faid 3et, and paft furth )>airat ; and than going to }>e Bak-wall, 36 and 3our faidis 
complices lap ouer ]>e fame ; and )>airby treflbnablie brak )>e faid waird, and fled 
to haif efcaiped ; quhill 8 36, being followit be )>e Conftable of )>e faid Caftell, and 
v)>eris, his Maiefteis guid and faithfull fubiectis, 36 war tane and brocht bak to 
)>e faid Caftell. QUHILKIS treflbnabill crymes war moil wiketlie and contemp- 
tiouflie committit be 3ow and 3our faidis complices ; and 30 war and ar airt and 
pairt bairof : And bairfoir aucht and fould be pwneifchet be tynfall and flbrfaltour 
of 3our lyfe, landis and guidis ; accoirding to be lawis and practik of bis realme. 

THE faid Sir James, eftir reding of the faid Dittay, produceit certane Articles ; 
togidder with ane Inftrument, of the dait of thir prefentis, quhair Margaret 
Campbell, his fpous, paft to Mr Johnne Ruflell, Aduocat, and prefentit him the 
Counfallis Warrand to compeir in his defence ; quha refuifit to compeir, as the 
Inftrument beris : And als produceit the Lordis of Secreit Counfall Warrand and 
delyuerance, quhair thay grant Licence to procuratouris to compeir. Quhilkis 
being red, the Aduocat tuik inftrumentis thairvpoun, and fpeciallie, vpoun the 
productioun of the Warrand gewin be the Lordis of Secreit Counfall to Aduo- 
cattis to compeir. The Aduocat produceit ane Act of Counfall, for his Warrand 
to infift in perfuit of Sir James M c connell. 

Mr Johnne Ruflell, Aduocat, compeirand juc^ciallie, in prefens of the Juftice, 
tleclairit he wald nocht compeir in defence of the pannell, without his Maiefteis 
Ipeciall Warrand and Commiflioune, commanding him to compeir. 4 

THE Juftice declairit and anfuerit to the faid Mr Johnne, that gif he wald 
compeir, bayth the Act of Parliament gevis him Licence, and the Counfall hes 
gevin him ane particular Warrand for his compeirance : And thairfoir, gif he 

1 Went. In a swoon or fainting-fit 3 Until. This refusal does not seem to have 

proceeded from personal fear of the consequences of undertaking this defence ; for in numerous in 
stances, this learned man undertook as desperate cases ; and in the present instance, he had a special 
Licence. It must have proceeded from the utter hopelessness of Makconeill's defence ; and the de 
testation naturally felt at the almost unparalleled cruelties committed by this ferocious barbarian. He 
absolutely refused to appear, unless commanded by his Majesty. 



42&7JAC. VI. CRIMINAL TRIALS. 9 

will nocht compeir, delay nocht the Jugement ony langer. The faid Mr 
Johnne refuifet altogidder to compeir. 

Quhilk Dittay, eftir reiding thairof oppinlie in Judgement, the Juftice ffand 
relevant : And thairfoir referrit the famyn to the knawlege of ane Aflyfe, of the 
perfones following. 

ASSISA. ,>-.,. 

Andro Lord Stewart of Vchiltre, Rob* Chennen of Cliennentoun, W m Sinclair of May, younger, 
The Laird of Drumlanerig, elder, Dauid Arnote of Chapell, Mr Frances Bothuell, brother to 

Sir James Douglas, kny*, James Tennent of Lennox, my Lord Halyrudhous, 

Sir James Cxinninghame of (Linhoufe,) Williame Trumbill of Airdrie, 

Glengarnock, Tliomas Sibbald, Tutour of Johnne Johnneftoun, Bailie of 

Mr Robert Fawfyde, elder, of Rankelour, the Watter of Leith, 

that Ilk, Sir James Balfoure, brother to Johnne Achiefoun, portioner of 

Laurence Gordoun of Glenluce, my Lord of Burlie, Innerafk. 

The faid Sir James produceit to the Aflyfe ane Warrand, fubfcryuit be his 
Maieftie, allowing 1 the taking of his father Angus M c coneill, the maner, forme, 
and circumftances done thairin ; quhilk is of the dait, att ffalkland, the aucht 
day of Auguft 1598 : Quhilk he tuik vp agane, and wald not vfe. 

It was allegeit (by the pannell,) that ony verificatioun that is producet of De- 
pofitiounis, tane be my Lord of Ergyll, can nocht be available ; in refpect my 
Lord Ergyll hes mellit with his blude and leving. 

Our faid fouerane lordis Aduocat, for verificatioun of the faid Dittay, producet 
to the faidis perfones of Aflyfe, Angus M c coneill of Dynnievaig, father to the 
faid Sir James, and Fynwall Nickclane, his mother, thair Depofitiones ; togidder 
with his awin Depofitiones ; made be thame, in prefens of the Lordis of his hie- 
nes Counfall ; for verifeing that article and poynt of Dittay, anent the raifeing 
of the ffyre, and burning of the hous of Afkomell. And liclyk, for verificatioun 
of the laft article of Dittay, repeittit the faid Sir James awin Judiciall Confef- 
fioun, maid be him in the faid Juftice and Aflyfouris prefence ; confefling the 
breking of the faid waird of the Caftell of Edinburgh : And als produceit, for ve 
rificatioun thairof, the faidis Archibald Cunninghame, Maifter-porter, and Alex 
ander Strutheris, thair Depofitiones maid and fubfcryuit be thame, in prefens of 
the faidis Lordis of Counfall ; quhilkis tua Depofitiones was ratifeit and appro- 
vin, in Judgement, be the faidis Archibald and Alexander, in prefens of the faid 
Sir James : Quhilkis our fouerane lordis Aduocat alfo repeitit. And in refpect 
thairof, proteftit for Wilfull Errour, in cais the faidis perfones of Aflyfe Clange 
or Acquit him of the faidis crymes. 

VERDICT. The Aflyfe, be the mouth of the faid Andro Lord Stewart of 

1 Sanctioning, permitting; not admitting or confessing, as the word usually signified, in ancient legal 
pleadings. 

VOL. III. B 



10 CRIMINAL TRIALS. A.D. 1609- 

Vchiltrie, all in ane voce, Hand, pronuncet and declarit the faid SIR JAMES 
M'CONEILL of Knokrynfay, knycht, to be Giltie and convict of airt and pairt of 
the Raifeing of ffyre in the hous of Afkomell and burning of the famyn, accoird- 
ing to his Dittay, in all poyntis ; cleirlie verifeit to thame be his awin Depofi- 
tiones, and vtheris probationes producet in proces. AND lykwayis, the faidis 
perfones of Aflyfe, all in ane voce, ffand, pronuncet and declairit the faid Sir 
James to be Giltie, culpable and convict of the Breking of his Maiefteis waird of 
the Caftell of Edinburgh : And of airt and pairt of the forceing of the 3ettis of 
the faid waird : And of airt and pairt of Hurting and Wounding of Archibald 
Cunninghame, Maifter-porter, Alexander Strutheris and Margaret Phillope, his 
fpous, ordiner fervandis and porteris of the faid Caftell. 

SENTENCE. To be tane to the place of his Executioun, and thair to be de- 
mauit and execute as ane tratour ; and his heid to be ftrukkin frome his body ;' 
and all his landis, heritages, barroneis, takis, fteidingis, rowmes, pofleffiones, 
coirnes, cattell, inficht plenifling and annuelrentis, guidis and geir pertening to 
him, to be fforfaltit, efcheit and inbrocht to our fouerane lordis vie : as convict 
and culpable of the faidis crymes. 



APPENDIX OF ORIGINAL PAPERS. 8 

[THE* following Documents are carefully taken from the Originals, which are 
preserved in Sir James Balfour's Collection of MSS. Advocates' Library. Had 
the Editor been earlier informed of Mr Gregory's proposed History of the Isles, 
&e. he would have left it to that gentleman to give the substance of them. It 
was, however, too late to cancel this Appendix ; but indeed, this is the less to be 
regretted, as it is believed that Mr Gregory merely intends to give the spirit of 
such Papers as the present, and to incorporate the information conveyed, in the 
body of his work ; which is all that is necessary for fuch historical purposes.] 

I. DEPOSITION of Sir James Makconeill? 

AT the Caftell of Edinburghe, the XT day of Januare, 1608, in prefence of my Lord Aduocat, 

and Mr William Hairt, Juftice depute, and Sir Johnne Arnote, Tbefaurare depute. 

SIR JAMES M C CONEILL, knycht, fworne and demandit, How lang is it fen he hes bene detenit and 

haldin prifoner ? Deponis, that he wes tane be his fader, in Kintyre, vpoun informatioun maid to his 

fader, that he wes to tak fome courfe aganis him ; and efter he bad remanit ane certane (pace with bis 

fader, he wes delyuerit be his fader to Attchinbrek,* be wliome he wes detenit ane certane fpace ; and 

1 It has already been stated, in the Notice prefixed to this Trial, that Sir James Makconeill was not executed ; but 
that he again effected his escape, went to Spain, and returned in the reign of King Charles I, from whom he received 
* large pension, and died a natural death, in England, in 1626. * The remaining Papers fall more properly 

under the proceedings against Angtu Oig, Jul. 3, 1615, where they shall be inserted. * From the Original, pre 

served among the Warrants of the Privy Council, General Register House. 4 Sir Dougald Campbell. 



42&7JAC. VI. CRIMINAL TRIALS. 11 

thairefter delyuerit to the Erll of Ergyll, who keipit him whill he wes chargeit be THE COUNSAILL 
to exhibite him ; quhilk he did at Sanct Johnneftoun : ffra that, he wes fend to the Caftell of Blaknes. 
Demandit, yf at ony tyme he had tane his fader? Deponis, that he tuke him in Kintyre, in ane houfe 
callit AJkomilne, the deponer haueing his brother, young Angus, (and) a cumpany of the gentilmen 
of Kintyre with him. And that this wes about Candilmes, aucht yeir fyne, or thairby. Denyis that 
]ie rafed ony ffyre in the houfe; and depones, that he lies Warrand of HES MAJESTIE, allowing 1 the 
taking of his fader as gude feruice. 

Anent the interprife of his Breking of Warde furth of the Caftle of Edinburgh, and demandit yf he 
wes the firft movar to THE LORD MAXUELL, or yf the Lord Maxwell wes the mover thairof to him ? 
Deponis, that vpoun Sonday at even, afoir the interprife, Robert Maxivell of Dynwiddie come to the 
deponer, and tauld him, that within few dayis he fould heir the beft newis that he had hard this lang 
tyme bigane ; and the deponer anfuerit, that he wald fane heir gude newis. And the deponer infifl- 
ing with Robert, diuers times thairefter, to half vnderftand quhat gude newis thefe wes? Robert evir 
conceillit the mater, whill 2 Fryday thairefter, quhilk wes the day that thair interpryfe wes putt in exe- 
cutioun. And grantis, that the faid Robert cam to the deponer, about tua efter none, and putt him in 
rememberance of the wordis that he had fpoken to him vpoun the Sonday preceding ; and tauld him, 
that that nyght the Lord Maxuell wes to brek warde, and wald tak the deponer with him ; and craved 
the deponeris opinioun, quhat he thoght of that mater? To whome it wes anfuerit, be the deponer, 
that the executioun of that interprife wes fa fuddanelie to be done, that the deponer could gif no avife 
thairin ; and he thoght that the Lord Maxwell fould haif communicat that mater to him felff, yf he 
wald haif had him to be ane affifter thairin. And depones, that fchortlie thairefter, about foure efter 
none, the Lord Maxwell come in to the deponer, fatt doun befyde him, drank tua pypis of tabaca, 3 
and fyak no thing of his interprife to the deponer, quhill the deponer paft to the windo, to haif maid 
waiter. The Lord Maxwell come to him to the windo, and tauld him, that he wes refolued that 
nyght to efchaip and brek warde ; and defyrit the deponer to prepair him to go with him ; for he had 
men attending vpoun the yettis, to hald them oppin, and had horfes awaiting vpoun the feildis to carry 
thame away : 4 And the deponer anfuerit to the Lord Maxwell, that nk ane interprife required goode 
ndvife and deliberatioun ; and defirit him not to be fuddane, hot to be weill advifit and refolved thairin. 
To whome the Lord replyis, ' Tufhe, man I fie interpryfes ar nocht effectual with deliberationis and 
advifments, bot with fuddane refolutionis !' And then the Lord caufit fetche in tua quartis of wyne ; 
and, haveing maid fome confaitis of paftyme in the houfe, he defirit Williame Sim/one, ane of the 
deponaris keiparis, to gif him his fwerd ; whilk he refufeing to rander, he ihored the faid Williame, 
held ane drawin quhinjear quhilk he tuke fra Williame Maxwell, avowing to haif his lyfe, yf he ran- 
derit nocht the fwerd ; and fua, violentlie tuke the Averd fra Simfone : Tuk ane vther fwerd fra James 
Stetvart, ane vther of the deponaris keiparis ; and tuke ane vther fwerd fra Williame Armejlrange of 
the Gyngellis : And haueing the fwerdis, he then tauld planelie, that he wald brek warde ; and fayd 
to Young Clojburne, ' Yee ar heir for a civile caus, yf it pleis yow to go, yee falbe welcome !' And 
Clo/burne defifting, the Lord Maxuell, with Robert of Dynwiddie, Williame of Kirhhous, and the 
deponer, paft out of the chalmer, and come to the yettis ; quhair fum of the portaris wer hurte : Bot 
denyis that he hurte ony of thame him felf. And fua, haueing forceit the yettis, they lap ouer the 
wall. Demandit yff William Maxwell delt with the deponer in this interprife ? Deponis, vpoun his 
aithe, that he nevir delt with the deponer in that mater ; and that he knawis no thing of Williames 
doing ; bot that he oppynnit the Nether-yett of the turnepyke, quhare the deponeris chalmer is. 

(Sic fubfcribitur) S R J. MAKDONALL. S* T. HAMILTON. S* J. ARNOTE. M B W M HEART. 

1 Admitting, approving of, acknowledging. * Until. 3 This was a phrase in common use, shortly after the 

introduction of tobacco into Scotland. The Editor has seen the term ' quaff' similarly used, which maybe the origin 
of ' whiiF,' a vulgar phrase now in use. * See the particulars of this desperate and admirably executed escape, in 

the Trial of John, Lord Maxwell, Jun. 24, 1609, 



12 CRIMINAL TRIALS. A.D. 1609. 

II. LETTER, Sir James Mackconeill to the Duke of Lennox. 1 
PLEIS YOUR GRACE, 

I AM in rerie greit niuTery, as this beirar can tell. Your grace knawis I hawe depended vpon your 
fawor, bcfoir I was put to this miferie ; and now, I wil befeik your grace to gett his Ma tU power to taik 
ordour with me, at your graceis curaing heir. I am willing to axceptt quhatt his Ma* wil beftow on 
me, ather in my awin kyndly ronme, or in oney vther pairtt of his Kingdwmes ; and fall find canfione 
for my obedience ; quilk I will befeik your grace to report to his Ma to , and Jrntt your grace will gett 
me J>att fawor as to be bain i I hid, rather or I be in this miferie. As for my baftard brother, qnha hes 
brokin your graceis ward, iff your grace taik ane doing for me, and taik me in your awin hand, I fall 
find ]>e way he falbe putt in your graceis reverance, as be was befoir. Befeiking your grace to remem 
ber my miferie, and gett me libertie or banifmentt. I reft on your graceis faworable doing, quhatt I 
vrett anentt Archibald, Your grace will hald it quyett till your grace cum hame. 

FROM ED* CASTELL, Your graces ferwand duiring lyfe, 

27 Junij, 1607. S B J. MACDONALL. 

To my very gud Lord, my Lord DUIK OF LENNOX. 

III. LETTER, Sir James Makconeill to the King. 

MY GRACIOUS SOVERAN, 

MAY it pleis your Maieftie to apardoune my importunitie, being inforfid pairto, throw the grett 
mifery q lk I aknawleg to hawe maift juftly deferuid, for my bypaft offences towardis God and your 
Ma 11 *: Sett my foneran, your Ma Ue hes gracioufly forgiuein gretter offenceis; 368, the gretteft Trefon 
;att ener was denytid aganft aney Prence, jour hienes hes forgiwein. For Chryftis caus, Sir, ance 
forgine me my bypaft offenceis, and with Godis grace I fall euer behawe my felff deutiffully heirefter ; 
and fall find caution to obey quhatt your Ma Ue will in June 2 to me ; befeiking }>at }>e Declaratioun of 
your Ma tie * will may be fent to ]>e Confall ; feing, without J>e fame I can gett na anfuer of pair Lord- 
fchipis. I lumblic killing your Ma Ue handis, I commit your Ma' 1 ' ewer to Godis protectione. 

Your Maiefties maift humble and puir fubiect 

FROM EDINBRUCHE CASTELL, to be imployid to dethe, 

28 of Junj (1607.) S* J. MAKDONALL. 

To THE KING HIS MAIST EXCELLENT MAIESTIE. 

IV. LETTER, Sir James Makconeitt to the Earl of Caithnes. 3 

MY VERIE HONOURABLE GUD (LORD,) 

FEIRING that your lo., to whofe fauor I am fo much obifliid, 4 fuld not miftaik J>e caus of this my 
laft offence, in braicking of Ward, I haue beine this* bauld to vrytt to your lo.the only motion quhilk, 
I proteft to God, maid me to braik Ward. It is trew, my lord, J>att the Laird of Colder faid to ho- 
neft men, wha can beir record, ]>att how foever my pairt was anent Donnoveg, 3ett he had ane War- 
rand paft be HIS MA hand, quhilkis ]>e Confall faw nott, to command ]>e Confall, prefently efter pe 
ficht of }att Warrand, to putt me to exfecutioun ; and how lyttill refone I had to truft my lyfe to 
Colder, your lo. felf and vthers of ]>e Counfall knawis ; for, be his mifreport, he did all he culd to 
have perallid my lyfe. And J>is trewly was J>e caus I fled with my avin lyfe, and for no miftruft I had 
in HIS MA clemence, or in the Confallis fawor ; nor 3ett, for oney feir I had off oney thing pay culd 
try aganes me, anentt Dunoveg ; for as I faid when I was in ward, I will fay now ; God is my vitt- 
nes, my pairtt, ever, anent J>e talking or keiping of Dunoveg aganes HIS MA T , hes beine ever moft 



the following Letters are from the Originals preserved among the Denmylne MSS. Adv. Library. 
d from other sources, the circumstance is explained in the Notes. Enjoin. * George, fifth 

Earl of Caithness. He married Jean, only daughter of George, fifth Emrl of Huntley. * Obliged. * Thus. 



42&7JAC. VI. CRIMINAL TRIALS. 13 

honeft and lyall j 1 and efter all juft tryall, I will defy my onfreindis 2 prive 3 vtherwayis. And fence 
J>e braik of Waird I maid with \e Lord Maxvell,* by 5 my exfpectatione, to ]>is night I brak Ward laft, 
be God him felf, I was never privie nor a confenter to aney Platt aganes HIS MA TB or my cuntre, I 
mein his MA TES dominions. And now, feing my braik of Ward was nott, as God is my judge, for no 
defyre of Rebelion, nor no vther defing, 6 bott only for faiftie of my avin puir lyfe, I will moft humble 
befeik your lo. fpeik fuch as is your freindis in Confall, fatt HIS MA TK micht be moveid, nott to tak 
no hefte or violent curfe 7 aganis me, onto 8 the tyme thatt pair lo 8 will heir my Peticione. And give 9 
your lo. will gett me fat fawor that my Peticion fuibe hard, and J>att oney whom I fall fend with my 
Letters to 3our lo. fall nott be trubled ; and I being advertefid by your lo., I will, be your lo" 8 advyfe, 
do aney thing patt may beft fatisfie HIS MA TIB and Confall ; my lyfe, and the lyfis of thefe ]>att 
helpid to faif my lyfe being faiff. So, with J>e rememberance of my humble deute, I reft 
Your lo is puir freind euer to ferve you, 

S R J. MAKDONALL. 
To my verie honourable gud lord, my Lord ERLE OF CAITTHNES. 

V. LETTER, Sir James Makconeitt to the Earl of Calthnes. 

MY VERIE HONORABLE GOOD LORD, 

PLEAS your lo., the ondeferued fauour and courtefee which I refaued by your lo., in fhowing your 
felue my frend, that tyme at Court, when my onfrendes did mifreporte of me to his Maieftie, makes 
me now this bold to befeek your lo. to continew my frend, according to my reafonable fute. And, in 
fpeciall, that your lo. will meane my caife to your frendes in Counfall ; for I proteft my beeng ten 
yeeres in warde in the Caftle of Edinburgh, and the difponeing of my kyndlie landes, made me not fo 
much to tak that haiftie refolution to efheap, as when I was affured, by his owine frendes reportes, that 
my lyf wes geven over in the Larde of Caddelles handis ; who beeing, as your lo. knowes, novvife my 
frend, or one to truft my lyf to; alwife 10 now I befeek your lo., as yee lhall till death have my poore 
fervice, try by the Counfall, yf vpone any conditiones, not diminiihing his Maiefteis comoditie, 11 1 may 
have this peece of old pofleffiounes, which is Ilia, to fufteane my felue and all my kinne that now fol_ 
lowes me ; that his Maieftie may have his owine, with honour and eafe, and wee to leeve in peace and 
offend no manne, and I, getting furetie of my lyff and of this peece land, ihall find fufficient fuiretie, 
both for my obedyance and good ordour, keeping by all my kinne and frendes. As your lo. learaes in 
this, or can be hable to do me fauour in getting me his Maiefteis peace, your lo. will aduertefe me. 
And I befeech your lo., fo far as you can, crofle the Campbelles to gett any employmentes againes 
me for they caire not how much they trouble the countree 12 and put his Maieftie to charges needles. 
As for the Houfe of Dwnoveg, I tooke it from Calderis menne, in the fpeace of one day, 13 killed parte 
of thame, vpone the Greene of the Houfe, chaifed in the reft, tooke there waiter and the two Barm- 
kines 14 from tham, and forced thame to yeeld in my will, the next morning. So I have the Houfe, 
neuer to be gevin to thefe that is not worthie of it. But yett, his Maieftie may ever command it and 
my felue, I feeng how I. may leeve with the affureance of my lyff and my poore frendes. So, abydjng 
your lo. aduertefment, with the rememberance of my humble feruice, I lhall ever remaine, 

Your lo. affured frend to ferve yow, 
ILA, 2 Julii. S B J. MAKDONALL. 

I BESEECH your lo. let me know how my lord Secretar is towards me ? Or who is moft for 
Colder ? Or how he is now thoght of be HIS MA TIB ? 
To THE ERLE OF CAITHENES. 

1 Leal, loyal. * Enemies. Prove. * See Lord Maxwell's Trial, Jun. 14, 1609. s Against, 

contrary to. 6 Design. ' Course. 8 Until. If. 10 At all events ; nevertheless. n Pecuniary 

interests ; the King's Rental. " Disturb the public peace. " See p. 14, &c. " Fr. JBarbacane, i. e. 

propugnaculum antemurale , being the outer fortified works or ramparts of the Castle. There wer often several lines 
of circumvallation, to prevent surprises. 



14 CRIMINAL TRIALS. A.D. 1609. 

VI. LETTER, Sir James Makconelll to the Earl of Caithnes. 

MY LORD, 

GEVE the Confall be curias to knaw whom it was )>att Colder 1 fend to, he had the Warand for 
talking my lyfe. T/te Pryar of Ardchattan* and M'bwoll 3 his fone, Allan M'dowgall is my authours ; 
and they will not, nor can not deny itt. Alfo Colder 8 avin agent, James Movatt, maid no fecreitt 
jmirof ; for he tauld it both to the Erie of Crawfuird* and to M f intois. 5 I wald not nov, becaus I 
had nott ane beirar of my avin, haifart to vryt to J* Secrettar* bott itt is only in your lo. and his lo. 
| att I truft. I know Colder and )>e Cambellis wilbe buiffie to feik imployment of fervice aganes me ; 
bott the fame fall nott be neidfull, for your lo. and my Lord Secrettar may better bring me to that 
quhilk falbe moft to His MAT* commodite and be quyctnes of pe centre, without beftoving oney 
chargis nor all )>e Cambellis liveand may or can do by HIS MA TI " fore, quhilk I will ever except ; and 
honour, and refyeck what 3our lo. wryttis to me, onles the Confall dereck one to me. Sour lo. may 
fend 3 our Letters to my lord Tuillibairne? to be fent be his lo. to the Officer of Lochaber, wha will 
fond ]>aine to me whair ever I be. So abyding your lo. anfuer, I reft, 

Your lo* ever to ferve you, 

(Without date.) S J. MAKDONALL. 

To my verie honourable gud lord, my lord ERLE OF CAITTNES. 

VII. LETTER, Sir James Makconelll to the BiJIiop of the IJks? 

MY VERIE GUD LORD, 

I DOUTT nott bott, or 9 now, your lo. hes hard of my braiking of Ward ; and J>e only caus quhilk 
maid me ventour ]>e fame, quhilk, as God knawis, was for no vther caus bott only for ]>e faifte of my 
lyfe, quhilk )>e Laird of Colder faid was in his will only. Allwayis, 10 prais to God, I am out of 
Colder s denger; and 3ett, geve 11 be oney meines I may have HIS MA gracius pardon to my felf 
and thefe gentill men )>att afifted me, I will latt your lo. fe HIS MA" commodite fall novayis be 
impaired, \>e pace of )>e contrie fall novayis be trublid, nor HIS MA TB putt to no chargis, be giveing 
imployment to fe Cambellis, wha crawis ever to fi(h in drwmly 12 waiters; and ]>airfoir, I pray your 
lo. deill with His MA TB and Confall, for a continewatioun of oney wiolent curfe 13 to be tane be HIS 
MA aganis me, ontill yow may gett one of your avin to cum to me ; and with J>att man, or with your 
lo. felf, geve I know how to fie you, I fall fend fuch Offers as I hop fall content HIS MA and Confall. 
So, as my treft is and was ever in your lo., I pray you vryt to me, what I may luik for ? As for bat 
rand of Dwnveg, God is my vittnes, I am inofent fairof ; and I pray your lo. try pat erand, as geve 
I war in ward ; and I treft 56 will find my pairtt honeft. So, luiking 3 our lo. anfver, I committ you 
to God ; and reft Your lo' 8 ever att command, 

Junij 3. S* J. MAKDONALL. 

I PRAY your lo. gett me Lifence to fend ane man or boy with my Letters to your lo. 
To my verie gud Lord, my lord BISHOP OFF THE IYLLIS AND RAPHO. 

1 John Campbell of Calder, or Caddell, as he was often styled. * ... Campbell. * ... M'Dougal of 

Dunollych, Laird of M'Dougal. * David, eleventh Earl of Crawford. 8 Sir Lauchlan Macintosh of that 

Ilk, whose father, Angus, had married Lady Jean Campbell, daughter of Archibald Earl of Argyle. Douylas. He 
was heritable Steward of Lochaber, and one of the Gentlemen of the Bedchamber to Prince Charles; and married 
Ague*, daughter of John Grant of that Ilk. ' Lord Binning, afterwards Earl of Hadington. ' William, 

second Earl of Tullibardine, who, for his services to the King, in the affair of Gowrie's Conspiracy, Aug. 5, 1600, had 
the heritable Sberiffship of Perthshire. His second wife, Lady Dorothea Stewart, being eldest daughter of John, 
fifth Earl of Atholl, and the male line having become extinct, their eldest son John was created Earl of Atholl. 
* From the Original, preserved among the Denmylne .l/.s'.S'. Adv. Library. Andrew Knox, Parson of Paisley, the 
fint Protestant Bishop of the Isles, was translated to the See of Raphoe, in Ireland, but held both Bishoprics for 
sometime. He assumed both titles. ' Ere; before. " At all events ; nevertheless. " If. 

" Who ever crave to fish in ' troubled waters.' A well-merited, though bitter, sarcasm. '* Course. 



42 & 7 JAC. VI. CRIMINAL TRIALS. 15 

VIII. LETTER, Sir James Malcconeill to the Bijfwp of the IJles. 

MY VERIE GOOD LORD, 

PLEIS your Lo. war not I hard your lo. was in Ireland, and could find no meanes to wreit to yow, 
I was not four nightes out of Ed r , quhan I would have writtin to your lo. as to one quhoin I haue euer 
found my friend. And now, my Lord, I proteft, albeet I was xij 3eires in waird, and all my kyndlie 
landis difponed to ftrangeres, my lyff left in his Maiefties handis, jett the fame maid me not fo mvche 
to braik ward as it did quhan I was offered be the Laird of Calderes awin freendis, quha can not deny 
it, that his Maieftie, be his fecreit Warrand, had gevine ower my lyff in the Laird of Calderes handis. 
And now, my lord, I proteft to God my defyre is not to rebell or truble the Efteat of the cuntrie, bot 
feme his Maieftie with all humilitie, and mak my kin and freindis paceable men, iff I may haue his 
Ma ties pace, with the afluirance of my lyff and the lyfe of my puir freendis, and fome meanes to fuf- 
teane ws rather nor to fors ws, for want, to opres otheres. Heirfoir I befeek your lo., feing my Race 
has bene tenne hundreth yeeris kyndlie Scottis men, vnder the Kinges of Scotland ; and war I willing 
to leive vpoun ane puir pairt of that quhilkis our foirbeiraris had, and I to find gud fuirtie for all that 
becomes loyal] fubiectis to do, both for myfelf and my quholl kin that followes me, that jour lo. will, 
as 36 euer did, interfeed for me at his Ma ties handis to fie quhat grace or fauour 3our lo. may obtein 
to me ; and in fpeciall, to fie give, without diminifching his Ma ties commoditie, I may have the Hand 
to my felf and my kin to fufteine ws ; wtherwayis that 3 our lo. will get that fauour that no hefte curfe 
falbe taine againes me, be geveing imployment to my onfreendis, till your lo. may have tyme firft to 
fpeek with me ; att quhiche tyme, albeit I gett not the Hand, 3ett, provyding his Maieftie will hauld it 
in his awin hand, I will ihaw your lo. how his Ma ties commoditie heir may be increfled, and I to be 
fatisfied, and this cuntrie to be frie of ony truble of me or my freendis. 

As for this Houfe of Dunovege, I proteft to God, give aither his Maiefteis Gaird or your lo 8 men 
war keepares of it, I wald neuer enter within it, albeit it war without keeping bot finding in it fuche 
as ferued them quha foght my lyf and landis, and quho crewally oppreft this puir Hand in fuch fort, 
that I proteft to God thair defing was rather to waift it, nor mak it able to pay his Ma 1168 rentes. The 
fame maid me preferwe the hous ; and albeit that Hous coft his Ma tie muche money in putting it in 
Calderis handis, it pleafed God that, in one day (I took it), with the lofe bot of one man. And now 
if your lo. may get me ony fauourable conditiones be his Ma tie , 30 may afiuir 3 our felf I will give yow 
the Hous, provyding it be in your handis, and nane of the Cambellis to gett it. As your lo. does in 
this, or is lyk to do, adverteis me. And fo, repofeing in your lo s conftand freendfchip, I committ 
your lo. to God, and reftis Your lo 8 ever afluired to command, 

S* J. MAKDONALL. 

IN hope, with Goddis grace, I will geve 3 our lo. 3itt ane better propyne, I pray your lo. fend me 
ane Inventare 1 with this bearer, for I am far from the clock, S? J. MAKDONALJ,. 

To THE BlSCHEOP OF THE ILLIS. 

IX. LETTER, Sir James Mdkconeill to the Privy Counfall of Scotland. 2 

MY VERIE HONOURABLE GUD LORDS, 

PLEIS 3our lo 8 , my offence in braiking ward fuld mak me to be loth to prefume to vrytt vnto 3our 
lo 8 , 3ett, feiring the mofioun quhilk maid me to efchep fuld be vtherwayis thocht be 3 our lo s nor the 
trewth of my intencion, I am this 3 bauld to deleaitt wnto 3 our lo 8 the only caus quhilk maid me to 
braik ward ; and this is itt. The Laird of Calder faid to twa fewerall honeft gentillmen, patt how 

1 This is from a copy. The word should be ' mounter,' Fr. montre, a watch. * In a Letter from Lord Binning 
to Lord Tullibardin, Jun. 13, 1615, he states that the Council would not forward such Letters to the King; and that 
' so long as he remaynes within his Ma tes dominions, and hes societie and dealing with rebellis and broken men, I 
cannot exspect that his Petitions can be received be his Ma^ 6 , vnles he wold do such notable service aganis some prin- 
cipatt Rebellis, as might perswade his Mat to think him wourthie ofmercie/' * Thus. 



16 CRIMINAL TRIALS. A.D. 1609- 

foever my tryall pad anent the erand of Dwnoveg, 3ett lie had ane Warand, in his avin keiping, paft 
be bis MA quhilk J>e Confall novayis did fie, commanding, immediatly efter the prefenting fairof to 
pott me to exfecutione, butt 1 farther profes ; and Co, my lyfe as itt war gevin be HIS MA over in the 
hands of him wha had not only roedlid with my kyndly lands, my frends lyfes, and withall |>i> only 
man who reportid warft of my felf, to haue gottin my lyfe with my lands, ]>e only feir fairof maid me 
flie with my lyfe, and no defire of Rebelion ; nether aney inillrult I had of HIS MA clemencie, nor 
of your lo" favor ; nether wald I braik ward for oney thing (they) culd try aganes me, anent )>e erand 
of Dunoveg ; for God is my vittnes I am inofent fairof. And I befeik 5<mr lo 8 try pe fame, as giwe* 
I war in ward to be accufid, and I treft your lo* fall find my pairt, in all that builfines, honell and 
loyall. And now I will, in all humilyte, befeik 3 our lo* to pite my cace, and grant me J>att fauor as 
to fuffer me to fend in ane humble Peticione to 3 our lo 8 , be the quhilk I hop to give fuch fatisfaction 
to HIS MA and 3our lo* as I may beft, to fatisfe his Ma te8 will and your lo 8 in all thingis, my avin 
lyfe and thefe wha hes afiiftid me being faiffe. And, in J>e meintyme, praye your lo 8 mod humble, 
befoir I be hard, not to wis 3 oney wiolent curfe aganes me, ether to putt his Ma te to exfpenceis, and 
me to difparatione. So, befeiking ]><> grett God to more HIS MA TES hartt and your lo 8 to pite me, 
according to the intencione I have to be ane paceable man, with the afiuirance of my lyfe ; only luik- 
ing your lo* will latt me knaw what fawor I may luik for, commiting your lo 8 in Gods protextione, I 
humbly taks my live, and rolls Your lo 8 humble fervitour, 

Junij 3. S R J. MAKDONALL. 

To my verie honourable gud Lords, my LORD CHANCELLAR of SCOTLAND, and the 

rcmenent of HIS MA honourable PRIVIE CONSALL. 

X. LETTER, Sir James Makconeill to the Earl of Crauford* 

MY VERIE HONORABLE GUD LORD, 

IT mby be 3 our lo. think it ftreng fatt I obfcuirid my intencioun of braiking Ward, fra your lo., in 
regair of our luif and familiarite ; 3ett I hop your lo. will exfcuis me. For ]>e reveilling fairof to your 
lo. mil-lit do 3ou hairme, being whair 36 ar, and no furtherance to my intencione. Allwayis, as God 
fall judge my faule, my braiking ward was nott throw aney miftruft I bad in HIS MA TIS clemence, nor 
in the Confalls fawor, nor 3ett for feir of oney thing culd try aganes me, anent J>att trefon of Duno- 
veg; bott the only thing which moued me was only thatt I was credably informid, be honeft men, fatt 
Colder faid it to (fame,) fatt howfoever fe erand of Dunoveg 3ed, 5 he had ane Warand pall be HIS 
MA TK J>att com never in ]>e Confallis ficht, commanding to put me to exfecutione, immediatly efter J>e 
prefenting }>airof. Your lo. felf and M'intois 6 miclit heir James Movat fay fis ; bott my authors ar 
better nor James. Allwayis, 7 as I said aft 8 to 3 our lo. felf, when I was in ward, I will now fay ; fatt, 
as God fall judge my faule, I was nevir airt nor pairt of the taking or keiping of Dunoveg aganes HIS 
MA, nor of no vther plain, 9 fence fe braik of ward fat I maid with fe Lord Maxvel till now, and 
give 10 efter fuch long mifere of imprifonment, lofe of lands, and kin, my braiking ward for fe faifte of 
my lyfe, be thocht be 36 fenfuir of my onfrendis, 11 fuch ane offence as will not be pardonid, I moft tak 
parience ; for I am better now, prais to God, nor 1 * as I was ; and I will, as long as I liwe, pray for 
HIS MA long and profperus regne. 3ett, feing give I be croft, now, it curais moir be my onfreinds 
nor be HIS MA, albeitt I will never preis 13 to Hue long in HIS MA dominions, by H his hienes ovin 
will, altho I micht ; I wow to God, or 15 I liwe 16 ]>e centre, I, and moir nor I, fall ether lofe our lyfes, 
or than I fall, God willing, liwe 16 ane rememberance to my onfreinds ; I mein only fik of ]>e Cambellis 
as wilbe my onfreinds, ]>att itt falbe hard of when both they and I is deid and gone ! I hop, to fair 

1 Without. If. Us. * David, eleventh Eai 1 of Crawford. Went. Sir Laurl.lan 

Macintosh of that Ilk. 'Nevertheless. Of ten- times. Plot. "If. "Enemies. 

" Thau. " Strenuously endeavour ; press. H In opposition to. " Ere ; before. " Leave. 



42&7JAC. VI. CRIMINAL TRIALS. 17 

finall commodite: Bott I had rather gett liwe 1 to live in pace, and find gud fuirte for my obedience 
and gud ordour. I wilh to God, with HIS MA TBS contentment, 3 our Jo. war ane fre man, both for 
your avin weill and J>e weill of 3 our friendis ; and feing itt lyis in your avin hand, better be fre nor 
liwe pair with fik crofis as I knaw men will have in patt place. 2 I heir maney of the Keipers of patt 
Cqftell ar putt in ward, for my braik ; 3 bott, as God fall judge me, pair was nane of pe keipers of patt 
Caftell pat ever I thocht to mak prive to my defing. I proteft to God, I love pe gud Con/fable and 
all patt is pair. I haitt none of pame ; bott I culd nott bott love my felf befor. Thair is nane within 
patt Caftell to whom I am adebted, pat falbe oney wayis intreft 4 be me, if God grant me HIS MA TES 
pace. I defyre Petie Gilcri/l keip my flare. 5 .Remember on our laft difcourfe, patt fame nicht I 
braik ward, anent Margarett. Sik newis as may nott be thocht offencefive, I pray your lo. vrytt to 
me. My Lord Tuillibairne and pe men of Atholl, on pat Fryday after I brak waird, perfewid me fo 
hardly, patt I was almoft tane. We loft our hors, and all our clais. His lo. maid me to gett mair 
fpeid on fuitt, in one hour, nor 6 I thocht to have gottin in ane 3eir, give 7 fik fudent medefin 8 had 
nott bein aplyid to me. Liewing 9 to truble your lo. with longer difcurfe, wifhing 3ou ever all hap- 
pines, I reft Your lo s avin euer to command, 

S B J. MAKDONALL. 

I PRAY your lo. as 36 do vther thingis, lovfe 10 my mvntour 11 fra Pettfindie, for 48 lib ; and get my 
buiks fra him, and fra Elizabeth Gib. Sho hes twa bulks. Commend me to Chri/liene. When your 
lo. vrytis to me, send itt to my Lord Tullibairne to be fent to me. For fum of your lo s avin perticul- 
lar, I wald glaidly fe your man William JRattra, or oney of 3 ours ; the erand tuichis only 3 our felf. 

To my verie honourable gud lord, my lord ERLE OF CRAWFUIRD. 

XI. LETTER, Sir James Makconeill to the Earl of Craufurd. 

MY VERIE HONORABLE GOOD LORD, 

I WES not four nightes out of the Caftle when I wrotte to your lo., but be not fure if your lo. hes 
reflaued my Letter. I have now wrotten thir few lynes, praying your lo. to remember me 3 our pro- 
mefe and conferrence with me. As for my felue', I am well, praifed be God, and all my kyndlie men 
hes reflaued me moft glaidlie. I will do all I can to have HIS MA TES peace, and find alfo good fuiretie 
for my obedience and yeirlie dewtie 12 as may fuffice. And if my onefrendis crofe me, I treft in God, 
how fo euer the mater go, to be evin with thame. I pray your lo. fee if it be poflible yee may gett 
outher manne or boy to come fpeak with me, and aduertefe me moir of all your awin eftate and dyett, 
and of all fuch newes as occurs. Any of my bookes that your lo. can gett, fend them to me, and vfe 
your moyen to gett from the Erie of Atholl the bookes that wes tane from me at that onfett in Atholl. 
They gatt the thrie converfiones of England, Burnes book, and it that Phillip fett out on the contro 
verted heades, it 30 faw Makcartney wrotte, the Mekle old Cornikle, in wrett. Ther wes other 
bookes that I remember not, bot your lo. may feek thame all to your felue. I pray your lo. gett me 
word from Pittfindie, and try if I will gett my mounter and chifter 13 to lovfe. 

This wes the forme of the taking of Duneveg. We lay in ane buis 14 about the hous, till the Captane 
and tuelf of his beft men com out. We perfewed ouer rafhlie or they come far from the hous. The 
Captanes men fled, bot 15 him felue and three or foure, they wer flane. We 3eid in at the vtter Barm- 
kin with the reft, but they clofed the 3ett of the inner Barmkin. Or tuelf hours we took the vatter, 

1 Leave. * This evidently alludes to a proposal for breaking ward ; which, it may be conjectured, is the 

meaning of the Postscript. It is very probable that this and other of Sir James Makconeill's Letters had been inter 
cepted. 8 On suspicion of aiding his escape out of confinement. 4 It is left to the reader to settle whether 
this word is used for ' interested' or ' increased.' It seems to signify that none of them could hope for reward from 
him ; so that bribery was out of the question. 5 The word is written so as to read stane or stare. The article 
intrusted may therefore have been some precious stone or jewel, or an order of merit. 6 Than. T If. 
8 Sudden or powerful medicine. 9 Leaving ; ceasing. 10 Loose ; release from pledge. " Watch. 
Fr. montre. Annual-rent. 13 Probably his coffer or chest. Old Fr. chestron. l4 Perhaps for bush, 
or thicket ; or, more probably, it may be a slip of the pen for ambush. 15 Excepting ; saving. 

VOL. III. C 



18 CRIMINAL TRIALS. A.D. 1609. 

the vtter tour, and the tuo Barmkyns from thatne, and fett fyre to the 5ett of the inner Barmkin, 
brunt it, killed and hurt fome of there menne in with our ftiott ; for we Ihott from four in the morn 
ing till efter tnelfne. Tuo of myne wes killed, a fhouldiour and ane boy ; tuo lightlie hurt. The hous 
wes promefed to yeeld or ten hours the morn. And fo wes the Pryour and all that come out gatt 
thair 1\ tV and there cloathes. 

I treft in God that all the Campbelles in Scotland, without His MA TI 9 powar, (hall not recouer it, 
fo long as they live. I heare Patie Kilchrill is troubled for me ; bot I proteft to God he is innocent 
of my break, and all that is in that Cattle. No more, but remember me to all frendes, fpecialie to 
Margrate, to Criftian, and all your owne frendes in the breathing; and alfo ray homble feruice remem 
bered, I red Your lo. owin to command, 
July 3, Fra Duneveg. S J. MAKDONALL,. 
To THE ERL OF CRAUFURD. 

XII. LETTER, Sir James Makconeill to Lord Tulliebardin. 1 

MY VERIE HONORABLE GUD LORD, 

TREULY the tyme hes beine, when I wald never a luiked )>att your father fone fuld perfew me fo 
hardly of my lyfe ; for I protett I was never fo hardly followid ; and was fo neir tane, J>att your lo. felf, 
and fum few with you, was within thre pair 2 to me. Bot I am much oblift to 5 our lo., for in faith 
50 maid me to be ane better fuitt-man, in one hour, nor I thocht to hawe beine in ane jier. All- 
wayis, 3 feing itt was HIS MA fervice your lo. did, I forgiwe you with my hartt ; and I wilh att God, 
my felf had )>e place to ferve HIS MA, quhilk in my hartt \ fall ever do. And this offence qubilk I 
have now committitt, I protett to God, is nott for defyre of trubles or Rebellion, nether for oney mittruit 
I had in HIS MA clemence, or his honourable Con/all, nor 3ett throw feir of aney thing fatt can 
be tryed 4 aganes me, anent }>att erand of Dwnoveg ; bot, as God knawis, my braiking Ward was only 
for )>e faifte of my lyfe ; for it is fertan, and I will gett vere honeft wittneflis, to whom the Laird of 
Colder fald itt, fatt he had ane Warrand from HIS MA, quhilk the Confall never fawe, for to put 
me to prefent exfecutione, efter f e prefenting of fatt Warrand ; fo ]>att my lyflFe was in Colder s will ; 
and how lytill refone I had to truft to Colder, pairt of f e Confall felf knawis ; for, not only all vther 
vrangis he did me, he vrett both to ins MA", and vthers att Court and in Con/all, (hawing, I was 
giltie both of J>e talking and keiping of Dunoveg, fat fairby my lyfe micht be tane. Bott now, fat 
}>e warld may fe his maililh, whan I am, as I hop in God, out of his denger, I will fay to jour lo., as 
I fall anfver to God, I am and was ever as inofent of )>e taiking or keiping of Dvnveg aganes his 
MA T * as jour lo. is; and when all is tryid, I defy my onfreindis to try 5 vtherwayis, be oney jult 
tryell. And f airfoir, feing, efter fuch long mifere, and f e lofa of all my kyndly 6 lands, I bott only 
fled with my awin lyfe, I hop fe Confall will evin pile me. And I befeik your lo. to be my freind, 
fo far as 36 may, without offence to HIS MA; only, in moveing your freinds in Cotifall nott to be 
over hefte, 7 att 36 defyre of my onfreindis, to tak oney violent curfis aganes me, whairbe tbay may 
gett preferment, and cairis nott what may follow, in exfpence to HIS MA TK , or truble in fe cuntre ; 
quhilk fall nott be neidfull : For, give s your lo. will gett me an affurance, fat HIS MA T> honourable 
Confall will heir fe fame, I will give in fuch ane humble Peticione to fair lo 8 in fullfilling HIS MA* 
will, and fair lo" in aney thing pofebill to me ; my lyfe and liberte being only refervid : And give 
HIS MA difpence with my lyfe, and offences, fall mak gud fuirte to truble no man, by 9 ordour off 
law. So luiking for your lo 8 anfuer, be f e Barron Bid's meins, commiting your lo. in God's protex- 
tion, I reft Your lo u afTuired freind to command, 

Jon'j 2. S. J. MAKDONALL. 

To my verie honourable gud lord, my lord ERLE OFF TULLIBAIRNE. 

1 William, tccond Earl of Tullibardine. See No. VI. Note. Three pair of buta ; three buts' lengths. 

Nevertheless ; at all evenu. * Verified ; proved ; established. Prove ; establish. The land* 

which he held as ' kindly Tenant* to the King. ' Precipitate; hasty. If. Contrary to. 



42&7JAC. VI. CRIMINAL TRIALS. 19 

XIII. EXTRACT OF A LETTER from Sir Rorie Makcleud 1 to Lord Sinning 

(received June 30, 1615.) 

Now, fince I perfave Sir James (Makoneill) hes brocken warde, and come to Lochquhaber, and 
out of that come to Moror and Knoddort, where he took per force a young youth, the fecund fone 
of Glengarrie 2 on a worfe, 3 and keepes him ftill in cuftodie ; and the Captanes fone, a fon of Donald 
M c Allan M c Ean, Captain of the Clan-Ronald. And thereafter, come to Sleat, to Donald Gormes 
bounds, 4 where he gott a bigg boat, with oares, faile, and taikleing ; and intercomoned at lenth with 
Donald Gorme there ; and a nomber of Donald Gorme's folkes of Sleat, called Clann Tarlicb, 5 is gone 
with him. And thereafter, paffed till the Yle of Egga, where he mett Coill 6 and his companyee, 
togidder with his bafe fone, and a fone of Sir James Makforle of the Route. 7 And they ar in nom 
ber, as I lerne, tuelfue or thretteinth fcore, at the prefent tyme. And whidder they go South or 
North I can not tell, at the writteing heerof. It is my advyfe to your lo. and Counfall, that your lo. 
derect a ample command and charge, till all and findrie the Superioures of the Yles, till convocat 
thame felues in armes, with a full Commiffion till 8 everie one of ws, till perfew the faid rebelles, by 
fea and land, with fyre and fword, in this form, in thrie feverall armyes and companyees. That is, 
Makclaine of Doward 9 and Makcleane ofLochbuy 10 in a companye and armie; Donald Gorme and 
the Captane of Clann Ronald 11 in a other armie ; and I, the Lairde of Coill 12 and Mackynnoun 13 and 
my Lord of Kyntailes 14 forces, in a other companyee ; and lett euerie one of thir armies endeavoire 
thamefelues in HIS MA TIES feruice ; and he that doeth beft therein, have the greateft honour, and pre 
ferment, and reward of HIS MA TIB and Counfall. And becaus the faid Sir James and his companyee 
hes taken thamfelues to the fea, in two barkes and findrie other boates, it were expedyent that your 
lo. and Counfell would fend me ane Commiflloun and powar to embark any fhip I can apprehend, in 
thir lies, to the better perfute of thame in thir lies ; otherwife, your lo. and Counfell till furniihe out 
two or three fhippes, well provyded, to thir lies ; and derect one of thame to me, that I and they may 
concure togedder, in his highnes feruice. And I defyre the lies Superiours to be devyded in three 
ffactions, for this caus. Sir James and the rebelles of the Clomndonald ar of kynn, blood, and alia 1S 
to Donald Gorme and to the Captane of Clann Ronald; and Sir James and his rebelles ar deedlie 
enemies to Mackchne and his name, and they will never aggree in a 16 companyee and armee. And as 
for me, your lo. knowes verie well that I have geven a proof of my obedience and feruice to HIS 
MA TIE and Counfell allreddye, in taking, and apprehending, and delyuering my own name and blood, 
the rebellis of the Lews ; 17 and in making thefe landis peaceable to HIS MA T ' E . Lett the reft do the 
lyk femice now to HIS MA IIB , and it is verie well knowen to HIS MAIESTIE and Nobilitie of Scot 
land, that my hous neuer rebelled, nor yett fhall rebell. 

Your lo. humble feruitor at powar, 

DUNVEGANE, 18th of June, 1615. S R RORIE MAKCLEUD. 

XIV. LETTER, Lord Tullibardine to Lord Binning. 

MY VERRIE HONOURABILL GOOD LORD, 

I HAUE reflawit M c Allane McEan, Capitane of the Clan Ronald, his anfuer of my Letter, quhair- 

1 Sir Roderick Makleod of that Ilk, and of Harris, called Rorie More, who married a daughter of Donald Mac- 
Angus MacAlister of Glengary. * Donald MacDonell, afterwards of Scothouse ; who married Mary, daughter 
of Sir James Macdonald of Sleat. " Unawares. 4 Of Sleat in Skye. 5 Clan Tarlich, that is, the 
descendants of Charles. 6 Coill Makgillespik. * See Notice prefixed to this Trial. 8 To. 9 Hector 
Maclean of Doward, called Eachin Oig. 10 Hector Owr Maclean. He married a daughter of Lauchlan 
More, Maclean of Dowart. " Donald MacAllan MacEan. If Lauchlan Maclean of Coll ; who married 
a daughter of Sir Roderick Macleod of Harris. Is Lauchlan MacKinnon of Strathordill, Laird of Mackinnon. 
Strathordill is in Skye. He was knighted before his death. 14 Colin, second Lord Kintail, created Earl of 
Seaforth, Dec. 23, 1623. ls Alliance by marriage. I6 One. 17 Lewis. 



20 CRIMINAL TRIALS. A. D. 1609. 

by I perceane fat he is nocbt previe to Sir James his brekking of Waird, and is refoluit nocht to mell 1 
with fair courflis, ffor Sir James and M'Ronnald did all fat )>ai culd, be mefiages, to haue met with 
him, vpone pretence to laae delyuerit him his fone ; bot he onnawyis wald have ony midling with 
; :iinr, nor wald nocht reflaue his fone, becaus he wes in thair cumpany, without ane Warrand of 5001- 
lo of |>e Counftll. Bot I heir fat fenfyne, quhan Sir James tuik )>e fea, he fend him frome him. 
Sir James, at his pafiing out of Lochabber, wes onlie accnmpaneit with fonrtene men and boyis, and 
M c Ronnald followit him with fextene men and boyis. They paft out fat to M c Ean of Ardnamur- 
cAau* cnntrie, quhair I heir fat M f Ean him felff, with all his cumpany with him ; att f e leift, fair 
is an great pairte of fame. He gat Aim boittis fair, and pad f airfra, langis f e coift ; bot he culd hau 
no landing, nather in M'Allane M c Eane his cnntrie, M c dewd Hereis, 3 nor Donald Gormis cuntrie \* 
ffor fai pat forcis on all f e fea-poirtis, to flop his landing ; and I think f ei had maid fum onfet on him, 
if fair boittis had not bene all funk of befoir, for feir of fuppryfing fame. 

I heir he landit into fe lies of Rowme and Eg, quhair Coull M c Gille/pic did meit him with ane 
cumpany of hagbutteris, about fe number of fewin fcoir of men. Thair forme of meiting, as I heir, 
wes this. Sir James and his cumpany ftude in ane plaice be fame felffis, quhair f e wfer with his 
cumpany went round about him, onis ; 5 and at fe nixt going about, falutit him with fair wolly of 
fchoittis ; 6 and continowit fna fchuitting and inviting 7 of him, for fe fpaice of half ane hour; and fair- 
efter com to him eucrie man, particularlie, 8 chapping handis. 9 Wpone fe morne, fai conuenit all f e 
haill befliall, horfe, and ky, to one plaice, qubilk fei thocht to haue flayne haill ; 10 bot, vpone better 
aduyfement, fei flew onlie ane number of ky, for meat, quliilk fei caryit immediatlie to fair boittis ; and 
fairefter tuik fe fea, 11 to fe number of Thre hnnder men, of all. Cold 13 brocht him tua crearis, 13 with 
fum wf ir boittis fat Sir James him felf gat in Ardmnrche, and fuppryfit in wf ir pairtis. It is thocht 
fat fei haue tane fair woyage to Hay ; and if f e cnntrie be vpone fair gaird, as fai fuld, I think fai 
Kill nocht proffeit mekill. The occafioun of my mannis flay; it wes long befoir he could get tryell 1 * 
quhair M c Allane M c Ean wes ; for he wes buflie, in gewing of ordour, fat Sir James fuld nocht land 1S 
on any of his Ifles ; and abfcuring 16 him felff, fat fei fuld nocht get him. I vnderftand he hes fend 
him Letteres to the Conn fill, quliilk I think 3010* lo. knawis of befoir now. I will requeft 3 our lo. to 
lat me vnderftand, quhat directioun is cumit 3it frome HIS MA TI *, concerning Sir James M r coneill, and 
quhat conclufioun 3our lo 8 of Counfell hes taiken fairanent. Sua, hawing na farder at fis prefent, 
committis 3our lo. to f e protectioun of God ; and reflis 

3our lo. euir alluirit freind and feruant, 
PERTHE, fe 24 of Jnnii, 1605. TULLIBARDINE. 

I VNDERSTAND Glengarrie VJ is prefentlie in Ed r , and is trublit be my Lord Lowatt 18 in fome actionis 
betuix fame. I wald requeft 3our lo. to be bis freind and to forder him hame ouir ; for I mynd to 
meit with him, in his by-cuming, and fall lay him rycht to any thing fat concernis HIS MA TBIS feruice, 
to my power. And becaus he is dealler betuix me and M c Allane M c Eane, Capitane of the Clan Ron- 
nnl<l, pleas 5 our lo. wret to me, quhat particular 36 wald haue me to lay to thair chairge; and I fall 
do fe beft*. 

The pretext fat Sir James M c coneill and M c Ronnald myndit to haue vfit, to haue perfuadit M C AI- 
lane M c Eane and Glengarry to haue taikin fair pairte, is fis auld actioun fat my Lord Lowat hes 

1 Meddle; interfere ; mingle. Fr. meler. * Macdonald of Ardnamurchan, Chief of the CLAN IAN of 

Ardnamurchan, a powerful branch of the Clandonald. Sir Roderick MacLeod of that Ilk, commonly called 

RoryMore. He married a daughter of Glengarrie's, and was the founder of the families of Talisker, Bernera, Muir- 
avenside, Hammer, Griaernish, &c. 4 See Note relative to Donald Gorme, (No. XXII.) III. 25. * Once. 

4 Volley ;feu dejoit. ' Encircling. * Separately ; individually ; one by one, An impressive mode of 

wearing feudal obedience, and to live and die in his service. 10 Entirely; wholly. " Set sail '* Coill 

Makgillespik Macdonald. lf A crayar, sort of large galley ; or rather a bark or sort of sloop. Cray is used in 

!?>* in * * lmUar tenie * " Advice ; satisfactory intelligence, ' Should not be suffered to effect a landing. 

Otocunng, concealing. IT Donald Macdonald of Glengarrie (Donald Mac Angus MacAlister.) 18 Simon, 

MMM Lord Lovat. See History of the Frasers, by John Anderson, Esq. W.S. : a work of great ability and research. 



42&7JAC. VI. CRIMINAL TRIALS. 21 

aganis fame, and pe taking of M c Allane M c Eanes landis ouir his head be Sir James Steuart. In my 
opinnioun, 3001- lo s of tJie Counfall fuld do weill to delay J>e difcuffing of pir debaittis for ane quhyle 
till fir wper materis of Sir James war fetlit. 

XV. LETTER, Sir James Makconeill to Lord Binning. 

MY VERIE HONOURABILL GUDE LORD, 

PLEIS your lo. I wald haue writtin to your lo. long or now, had not I culd find no bearer, becaus 
nane of my awin dar go thair. Aluyfe, 1 1 will euer think myfelf bund for the fauour your lo. fchew me 
at my being laft in the Caftell? whanne God knawis vtheris wes bent to wrong me be thair fals accu- 
fationis ; whofe feir, and the report they gave out that my lyfe was onlye in thair willis, was the onlye 
motione of the braik of ward ; and no intentione nor defyre I had, or hes, to live as ane Rebell or out 
law ; whiche traid, the Lord knawes, I abhore ; bot that I wald glaidlie live at libertye with my Jyfe 
faif. And now, my lord, I befeik your lo., for the fauour of God and my perpetuelle feruice, pitie me 
and be my freind, that his Maieftie may be graciouflye moved not to 3ield to my vnfreindis, to ruit me 
and my whole race out, being fyve or fex hundreth 3eiris pofieflburis, and now willing to obey and ferwe 
his Maieftie, in all humilitie, I, feing how I and my pure freindis may live ; and if 5 our lo. culd find the 
m earns that HIS MA TJS and Counfall may be moved to let me pofles this pure Hand, paying for it as 
anie vther may or hes 3 it offerrit to do, and getting my pardone, fall find fufficient furetie, both for my 
3eirlie dewtye and the peace and quyetnes of me and all that dwellis vnder me. Gif 3 our lo. may or 
will do me any guid in this, I will not onlie be ane to do 3 our lo. guid feruice, bot, with Goddis 
graice, let 3 our lo. fie my thankfulnes. i befeik 3 our lo., for Goddis caufe, be playne with me, and 
if HIS MA TB may not be moved to let me haue this Hand, diminiffing nothing of HIS MA TES commoditie, 
that 3our lo. will let me know, be 3our advife, be what vther meanis HIS MA TB may be moved to grant 
ane generall pardone to me and all myne ; and that we may haue to fufteine ws in fum meaibur, leift 
we be forcit, being without oure living, to opprefs vtheris. Thisabyiding 3 our lo. anfueir, committing 
3ow to God, I reft 3our lo. euir to command, 

Julij 1. SIR J. MAKDONALL. 

MY LORD, If HIS MAIESTIE be not willing that I fall be his heighnes tennent in Ha, for Goddis caufe 
let HIS MA TIB hauld it in his awin hand ; for that is certane, I will die befoir I fie a Campbell pofles it. 
And HIS MA TIB haulding it in his awin hand, HIS MA" may haue ane thoufand merkis mair be pat, nor 
Colder fuld pay ; I making it quyt of me and my kin, wbiche I will do vpoun fuche reafonabill con- 
ditiones as I will fchow 3 our lo., if 30 may afiure me that 30 may get HIS MA TIB brocht to this poynt, 
and in the meintyme no imployment 3 be gevin aganis me, till 3 our lo. fie how this may be brocht to 
pas. As for this Houfe of Duneveg, which I tuik in four and tuenty houris from Calderis menne, your 
lo. getting me fauour of HIS MA TB , the houfe falbe to ferve HIS MA TB , and neuer to be keipit aganis his 
hienes. And if HIS MA TB awin Gaird or the Bifchopes had bein in the Houfe, befoir God I wald 
neuer perfew it ; bot finding thefe in it, who crewellie oppreft the pure cuntrie, wes the onlie fuitteris 
of my lyfe and landis, I wald I culd do thame mair difgrace ! Referring all to 3 our lo. consideration^ 
and anfueir, I reft 3our lo. euer to be commandit, 

Julij 1. S B J. MAKDONALL. 

To MY LORD SECRETARE. 

XVI. LETTER, Sir James Makconeill to Mr James Knox. 
RIGHT WORSHIPFULL, 
I HAVE, for fome buffinefle, pairtly concerning your father, fent this bearer to Edinburgh ; and geve 

1 At all events. * Of Edinburgh. * This is taken from a copy. The sense appears to be, that, in the 

interim, no one should be employed against him by Commission, or Letters of fire and sword. 



CRIMINAL TRIALS. A.D. 1609. 

my lord be gone to England, I pray yow faill not, as yee refpect his lo. well, 1 to fend his Letter to 
him, with furetie that it may com to his handes ; for I hawe wrotten to his lo. the thing that I hope 
lhall come to his lo. honour and credite ; and there is none leaueand vnder his Maieftie that I will do 
mor to, till do be, and do him all the honour and credite I can. Heir I will entreat yow, give 9 36 be 
in Ed r , and any of my Letters come to sour hand, yee will delyver thame to fuche as I have wretten 
thame to. And fo, repofeing in sour good will, and aflureing sow I am to ferve and honour sour 
father and sour felne, I reft 3our aflured frend to command, 

FROM JLA, 4 Julij. S. J. MAKDONALL. 

(Poflfcript.) Sir, 

ALBEIT it be too great paines, yet in hope I will, God willing, do sow yett more feruice, fend ony 
of 3owr fervandis with all the reft of my Letters to fuch as thay are derected to, and what anfwer 
bees gotten, geve it to the berar. I reft Sour afluired frend, 

S* J. MAKDONALL. 

To MR JAMES KNOX, fone to my Lord Bifliope of the Illis and Raupho. 

XVII. LETTERS/TOW* Archibald Campbell 3 to Lord Binning* * anent his 

perfute of Sir James Makoneitt? 
RIGHT HONORABELL, 

As I writt to sour lo. from the Wode of Meffen, SIR JAMES MCONEILL and M C RANALD went 
by fat way ; and, as I was informed, he had ftayed Wednifday night and Thurfday in Murthlie. So 
I, heaving riddin Wednifday night and Thurfday all day, I wachit at Murthlie all fat night, bot fay 
maid no ftay fair : Bot M c Ranald fent a man of his for a soung boy of his awin fat he had in Murth 
lie, and convoyed him with him. On Wodnifday, at night, they were in a pure man's houfe in Stra- 
brane ; and on Thurfday, at night, fay wer in the Eaft end of Ranoch, quhair I might haue bene fex 
houris before fame, gif I had bene fartane of thair way. The Erie of Atholl 5 was advertifed by fe 
Erie of Mar, 6 and he followed fame. And on Fryday, in the morning, com in fight of fame; bot 
my lordis men bad run fo far, and his fpayis fat went before him fo wnprovedcnt, fat Sir Jeames and 
his companie wer advertifed be Strowan his wyf, 7 quho is M c Ranald his dochter. They wer forfled 
to leive fair horflis and clothes, and teake fame to f e wodis. The Erie of Atholl apprebendit Sir 
Jeames his man, fat was with him in the Caftell, and quho ftayed efter him in fe Caftell fat morning 
he brake ward, and too men of M c Ranaldis ; bot my lord tels me he difmift fame all. My lord, fo 
far as I culd learne, the Erie was exceiding willing in this perfute, bot fair was Aim wronge done him, 
fat I beleive his lo. as sit knows not of. Thofe fat I fend to be before fame ar not as 311 returned, 
nor no word from fame. I hope in God 3 our lo. fall heir fat fay haue mett ; for fay can hardlie pas 
by fame. The Erie of Atholl afluris me fat fair cam a compane of men to meit M c Ranald. My lord, 
if fair wer bot too hunder men and ane honeft commander on f e feildis, they wer not eabell to do any 
thing be land ; nor cnld fay haue tyme to mowe 8 any to follow fame : Bot in treuth, if fay be per- 
mittit, they will no dout grow ftronge. Sir Jeames man fat fe Erie of Atholl apprehendit, told, fat 
fay refoluit to burne Cadett 9 his landis of Mukarne ; and fat he thoght a grait many Illenderis ver on 
fair courfe. 10 My lord, fo fchune as I heir from thofe I derectit eftir fame, and fat I kno quhat courfe 

1 Weal ; advantage. If. Son of Sir James, and brother of Sir John Campbell of Lawers. Afterwards 
Sir Archibald. * Sir Thomas Hamilton, afterwards Earl of Haddington, Secretary of State. James, second 
Earl of Atholl, son and heir of John, sixth Lord Innermeath, who had obtained the Earldom, Mar. 6, 1595-6. He 
married Lady Mary Stewart, second daughter of John, fifth Earl of Atholl, by his stepmother, Lady Mary Ruthven, 
and died without issue, anno 1625 Wood's Peerage. " John, seventh Earl of Marr, who had been intrusted 
with the education of Prince Henry, and was, in Dec. 1615, appointed Lord High Treasurer of Scotland. He mar 
ried Anne, 2d daughter of David, second Lord Drummond, and died Dec. 14, 1634, wt. 77. T Robert Robei t- 
on of Strowan married a daughter of Macdonald of Keppoch. Induce ; persuade ; wore. John 
Campbell of Caddell or Colder. ' Were his abetters and maintained his cause. 



42&7JAC. VI. CRIMINAL TRIALS. 23 

Sir Jeames teakis firft in hand, or quhich way he tealus him to f e feie, I will, God willing, returne ; 
not douting bot my lord Thefaurer l will haue fome confiderafioun of my pcans, 2 as I fall be reddie at 
all occafions to adventur my felf in HIS MA TIKS feruice ; I reft 

FROM the FURD of LYON, pis Setterday 3our lo. ewer to ferue 3ow, 

at xij houris of pat day. AR. CAMPBELL. 

I pray 3 our lo. adverteife Cadell, pat he may fend word to his men of Mackarney, to be war of 
pe rebels. 

To pe right honorabell, and my fpefeall good lord, 
MY LORD OF BINNING, Secreter, &c, 

XVIII. LETTER, Lord Binning to Archibald Campbell. 
LOVING FREIND, 

I RESSAVED your Letters of the 15 of this moneth, from Dunoveg; bot now newes in thame; be- 
caus, vpone the 12 day, I hard the fubftance of all that your Letter beares ; quhilk that fame 12 day 
was written to Court be my Lord Chancellour. I am glad that my Lord is maifter of thefe ftrenthis, 
and forie that all the principall men are efcaped, except Coll, who lies gottin conditions ; bot I hope 
that my lordis diligence, wifdome, and gud luk, fall owertak thame, and red HIS MA TIE and the cun- 
trie of thair cummer, for if it fould fall vtherwayes furth (as God forbid) yow know quhat conftruc- 
tions men wald mak of the great preparatioun maid be fea and land, at fo great charges to HIS MA TIE , 
without any effect, bot the wrak of the poore beggarlie tennentis of Hay and Kintyre. For, fince Sir 
James and his fone, with M c Rannaldand his fone, and Glengarries fone, and MSorle > 5 ar all efcaped, 
and Coll* pardoned, I know not quhat ringleaders thefe ar, whorae ye wryt 36 ar to bring in. All- 
wayes, it is gud that thair forces ar fcattered, without harm e or danger; yit, fo long as the heades ar 
all to the fore, 5 the Rebellioun will never be thought quenched. Quhairfor, I know my Lrd will 
have fuch cair as agrieth with his honour and HIS MA TIES expectatioun. I have no certantie of the 
Thefaurer deputes dyet, bot I hope he will be heir about Hallowmes, and will afluredlie performe his 
promeis, yours being obferved, quhilk I hartelie wifhe. So, remembring my loving commendatiounis 
to your brother Collin, and praying you to prevent your curious nighbouris in the adverteifments of 
my lordis proceidingie, quhilk I wifhe may be profperous, I reft 

Your verie loving freind, at powar, 

[ BINNING.] 6 

XIX. LETTER from Sir Dougal Campbell of Auchinbrejc to the Chancellor 

(received Aug. 4, 1615.) 
HONORABLE GOOD LORD, 

MY humble dewtie remembrit, pleafe 3our lo. to wit, that I am heer in the Tarbet, attending vpone 
our enemies coming farder in the cuntrie. 3our lo. fall vnderftand, fince my laft wryting to 3 our lo., 
Sir James the traitour hes latlie directit out ane^n'e croce 1 from the head of Lockerrane, quhair he 
makes his refidence for the tyme, to the Tarbart, vpone the pretence that all maner of man betuix the 
Mull of Kintyre and the Tarbart fould come and tak land of him. And to preveine this, that the 
cuntrie fould get no fkaith, I have directit for to get more afllftance of men throw Argyle and Lome. 
3our lo. fall know that I was not anfuerit, according to my Commiflioun. The monyeft 8 that came 
to me was anehundreth men ; the number of the haill thrie hundreth men. Wiihing 3 our lo. to tak 
ordour with the cuntries difobedience, for farder inconvenience; quhilk I fear will come to more 

1 Sir Robert Carr, Earl of Somerset, held the office at this time. * A gentle hint that remuneration was 

looked for, to quicken his zeal. 3 A son of Sir James MacSorleof the Route, formerly mentioned, both in this 

Appendix and in the Introduction to this Trial. 4 Coll Macgillespick Macdonald. s In being ; existing. 

6 From a copy, marked by Lord Binning himself. ' See Notes to Sir Walter Scott's Lady of the Lake, &c. 

8 Most ; greatest number. 



24 CRIMINAL TRIALS. A.D. 1609. 

fkaith, if they be not punifchit for thair fault. I fall give vp in forow to your lo. the particular dif- 
obeyars. Thefe Rebels ar in readines with fyve nichtis provifioun and lone. Quhair they ar to mak 
thair onfet I know not ; bot they ar raor in number than I wret to 3 our lo. in my laft Letter. I dowt 
not bot 3 our lo. remembers the dait of my Commiflion, quhilk approchis neir to the fext day of Au- 
guft ; quhairfor I t hot-lit good to mak 5 our lo. forfein of this, that 5 our lo. may tak ane ordour farder 
with thir Rebels. So, not troubling 3 our lo. with farder writ, committis 3010- lo. to the protectiouu 
of the Almighty God. Sour lo. to be commandit to my powar, 

TARBART, 30 July, 1615. AUCHINBRECK. 

XX. LETTER, Lord Binning to the Earl ofArgyle, 5th Aug. 1615. 

MY MOST HONO tL GOOD LORD, 

THINKING my felff afiured that your lo. wald, according to 3our promeis, contenit in 5our Lettre 
of the 24 fent to me, begin ,our journey homeward vpone the nixt day, and end it, at far deft, 
within ten or tuell dayes; I certified the Counfell J>airof, and be Letteris to Auchinbrek and vtheris 
officeris, wndowtedlie that 3 our lo. wald keip that dyet ; but now, wnderflanding 5 our lo. cairlef- 
nes of that weightie chairge, quhilk 36 have wndertaine againis the Tratoris, who daylie growis 
in number, force, and prefumptioun, becaus they find no refiftance, far les perfute aganis them, 
quhairby they have left Aim forces in Ha, to keip Duneveg and Lochgorne ; and Makoneitt felff 
and fex hundreth with him, having maid thamefelffis maifteris of Kintyre, ar fo fwelled in pryde, 
that they have fent the fyre-corfe l throw the cuntrie, and wairned all the inhabitants betuix Tar- 
bert and the Mull of Kintyre, to tak their land of the Traitour Makoneill. We heir of fo much 
boldnes in the rebels and fear in the cuntrie people, as we exfpect daylie to heir of thair farder 
fating vpone 30ur lo. cuntrie of Argyle ; which 5our owne people does fearfullie apprehend. We 
ar aflured of Auckinbrekes faithfulnes to His MA TIB , and 3our lo. do exceidinglie diftruft his go- 
uernemenj, in refpect of his owne feiklines, the difloyaltie of many of the Irifche people, and bold 
nes and fubtilitie of the Rebels, too able to keep advantage of him. Nather will I conceal!, that 3our 
lo. name * is envyed, 3our owne autoritie and wounted eftimatioun infinitlie impared, be 3our abfence 
and neglect of 3our cuntrie ; and releiff of 3Otir freindis, engadged and wraiked for 3 our debtis : And 
now, if 5our lo. fall kythe 3 cairles, or flouthfnll and fluggilhe in this great chairge, 50 will increas the 
libertie of 5our ewil-willaris, who have boldlie fpokin to ^our difadvantage and difcredit, difcourage 
HIS MA good fubiects, embolden the Rebells, and mak 5our tafk more difficile nor 4 5our lo. appre 
hends. My affectioun to my maifteris honour, and refpect and good will to 3our lo. felff, makis me 
to wryt more liberallie 5 in this mater nor vtheris will, which I hope and requeft 5our lo. may tak in 
good pairt ; earneftlie befeiking 5our lo., all empefchments removed, to come heir with all poffible 
expeditioun and refolutioun, to go fordward with wifdom and diligence. 3ur lo. will find that 3our 
fallowing 3our owne will, aganis my opinioun, in purchaffing ane Commiffioun in this fervice, to ane 
particular number of the Counfell, will do hinder to the buffines. Bot the nixt beft muft be done ; 
nothing being able to remove all difficulties, but 3 our lo. prefence and diligence; which I recommend 
to 5our lo., as 30 affect 5our maifteris favour and 3 our awne honour. So, luiking for 3010* lo. ex- 
treame diligence, to amend bypaft fleuth and ouerfights, I commit sour lo. to the protectioun of God. 

3our lo. verie affectionat to ferve 30u, 
ED*, the fyft of Auguft (1615.) [BINNING.] 

XXI. EXTRACT^TWW Minutes of Privy Council, Jun. 20, 1615. 6 

THE Marques ofHuntiye 7 hes gotten a verye ample Commiffion for perfute of the Rebelles, efpe- 

1 The Ftery-cross so often described by Sir Walter Scott in The Lady of the Lake, &c. Clan Campbell. 

Prove careless. Than. * Freely. From the Denmylne MSS. Adv. Library. ' George, 

nxth Earl wnAfirtt Marquis of Huntly, the same person who was concerned in the traitorous correspondence with 
Spain, the burning of Dunibirsel, and slaughter of the Earl of Moray, &c. 



42 & 7 JAC. VI. CRIMINAL TRIALS. 25 

cialie of Macronnald l and his fone, who ar his owne tennentes ; and the Counfale hes wrotten vnto 
him to fend his fone the Erie of Enyee, 2 with diligence, to Lochquhaber, to perfew the rebelles, to 
tak, demoliflie, and deftroy Makronnaldes houfies, to meddle with his whole goodes, and with the 
goodes of fuch as did reffett and fupplie Sir James Makdonald and Makronnald, and not to come 
out of that countrie, whill he affaire the countrey to be keeped vnder his Maiefties obedience. 

There is a Proclamation fett oute againes Sir James Makdonald and his fone, Coill Macgillefpik, 3 
and fome otheres of the principall ringleadares in this rebellion ; conteaneing a reward to any fuch 
perfone or perfones as will tak or flay onie of thame ; to witt, for Sir James M c Donald there is a pro- 
mefe of fyve thoufand pundis ; for Makronnald and his fone and Coill Makgillefpik, fyve thoufand 
markes a peece ; and for fome others of the rebellis, thrie thoufand markes. And there is a promefe 
of pardon proclamed to fuch 'of the rebells thame felues, as will tak, and exhibite, or flay onie of there 
owene companie, being of a better rank and qualitie nor thame felues. 

Sir James Makdonnald and Makronnald, in there going towardes the lies, took a fone and a fer- 
vand of the Larde of Glengarries ;* information whereof being made to Young Glengarrye, 5 he, with 
fuch forces as he could mak vpon the fuddane, followed thame to the fea fyd, and in a conflictt be- 
tweene thame, he hes taken two of the principals of Makronnaldes companie, ffor whofe releef Mak 
ronnald offerred delyuerie off Glengarries fone ; hot Glengarrie refuifed to delyuer his two prifoners, 
and hes promefed to exhibit thame heere within ten dayes. 

Donald Gorme 6 and the Captane of Clannronnald 7 hes by there writtinges promefed to continew 
in there obedience, and to do the beft of there endevoures in the perfute of the rebelles. 

XXII. ExTRACT/row * The Hiflorie of King James the Sextj (puUi/hedfor 

the JBannatyne Club. 8 ) 

IN the moneth of Maij (1615), Sir James Makoneill, eldeft fone to umquhile Angus Makoneill of 
Dunnevaig, who was before condamnit for certen crymis committed be him, and for efcaping furth of 
the Caftell of Edinburgh, in cumpanie of Johne Lord Maxwell, as is before tauld, efcapit furth therof ; 
becaus it was conftantly fupponit that he had gevin counfell, be word and writt, for the violent keaping 
of that Caftell ; and fearing the cryme fould have bene tryit aganis him, be witnes, he tuik therfore 
tyme and occafioun to efchew unpuneift. This Caftell of Dunne vaig was ombefet be certen of the 
Kingis fhips, be fea, that nane of the Kepers fould efcape that way, nor be furneift with vivers be fea. 
And the knycht of Caddell, brother-in-law to the faid Sir James, took in hand to ombefet the fame be 
land; as he did; and wan the fame. Sum of the preafoners he put to death ther; uthers he convoyit 
faiflie to Edinburgh ; and the greateft nomber efcapit, be fea, and became Pirats. In the meane fea- 
fone, the Erie of Ar gyle, having maid long refidence at Court, and underftanding that Sir James Mak 
oneill was deftroyand his landis and tennents, maid narrative thairof to the King ; and obtenit ane 
ample Commifiioun of his Maieftie, to pas aganis him, with fyre and fvvorde, and to apprehend him, 
ather quick or deid, as he beft could ; and fo, haifted himfelf towart Scotland, with all fpead, for the 
purpofe. His voyage maid no good fuccefs, as falbe, God willing, declairit heirefter, at mair lenth. 9 

1 Alexander M c Donald or M c Ronald of Keppach or Gargavache. 2 George Earl of Enzie, afterwards second 
Earl of Huntlie, who was beheaded at Edinburgh, Mar. 22, 1649. 3 Father of Alister M c Donald, Lieutenant 

to the great Marquis of Montrose in the civil wars. He was popularly styled Coll Keitach, i. e. Left-handed Coll, 
from which his son Alister took his designation of M^Coll Keitach, abridged to Colkitto. * Donald MacAngus 

of Glengarrie. 5 Alexander or Alister, father of the first Lord Macdonell of Arras. 6 Of Sleat, called 

Sassenach, having been educated in England. He married Mary, daughter of Hector MacLean of Dowart, leaving 
three sons. Donald More, the eldest, married Margaret, sister to Colin Lord Kintail; and dying, without issue, in 1616, 
his nephew, Donald Gorme Oig, son of his brother Archibald, by Margaret, daughter of Angus Macdonald of Dun- 
nivaigand Glynnis, succeeded. See (Archdall's) Lodge's Irish Peerage, VII. 115. ' Donald M c Allan M c Ean. 

8 Edited by Thomas Thomson, Esquire, quarto, Edin. 1825, p. 388. 9 The author either did not live to fulfil 

this intention, or at least did not complete his History, which terminates abruptly, anno 1617. 

VOL. III. D 



26 CRIMINAL TRIALS. A.D. 1609. 

XXIII. THE EARL OF ARGYLE'S REPORT TO THE PRIVY COUNCIL OF SCOT 
LAND of his ComimJJion of Lieutenantry. 1 

(1615, Sep.) IMMEDIATLIE efter that the ErhofErgyle had receavit HIS M AIESTEIS Commiffioun 
of Lientennandrie over THE ILLIS, he addrefllt him felf, with all convenient diligence, in Duntroone,* 
quhair the greateft pairt of his forceis did meete him. And being fuirlie informit, that the Traytour 
Sir James M'Coneitt, and his complices, to the nowmer of fevin or audit hundreth men of weere, 
for that prefent in KINTYRE, and of full intentioun thair to remane, quhill 3 thay wer by the gritter 
power forcit out of it, his lo. refoluit to mak ane onfett without ony delay, alfweill on thair vefchellis 
as on the Rebellis thame felffis ; and thairfore commandit the Laird of Caddell, who had the conduct 
ing of the forceis of Lome, to mak his onfet on thair vefchellis, quhair he could heir thame to be, 
ather in YLE OF GIGA, the ILE OF CARA, or on the MAINE-LAND OF KINTYRE. Lykewyfe fo, his 
Lordfchip gaif command to the Laird of Auchinbrek* and to fome fpeciall of Auchinbrekis freindis, 
to merch over land to the Tarbart, with his lordfchipis forceis of Ergyle. My lord him felff, being 
accumpaneid with the men of Coule, 5 went by Sea to the Tarbart, on the vther fyde of the Maine- 
land. M;/ lord went from Duntroone on the day of September, and wes that nicht in the Tar 
bart ; quhair Auchinbrek, with the men of Ergyle, did meete him that fame nicht. Coll M e illefpik 
haiving 6 Coline Campbell of Kilberrie, fet out to him, come with fyftie men the foirfaid nicht to 
Loch Tarbert, quhair he apprehendit the faid Coline, and fome foure or fyve with him, quhome he 
maid his prifonairis. Airlie the nixt moirning, Coll M c illefpik, being on his way bak agane, towardis 
the He of Cara, quhair he had left M c Rannald, and his fones, and Sorle M c James, who wer appointit 
to remane in Cara, for keiping of the Rebellis vefchellis ; he being on his way, as faid is, perfauit my 
Lord of Ergyle his forces of Lome, failling towardis Gigza ; and fome of thame, haueing gone in the 
bak fyd of Gigza, maid ane onfett on the Rebellis who wer in Cara, hot wer preventit 7 by fome of 
the l.nnil of Largy 8 his fervandis, who perfauit my lord of Ergyle his forces going towardis Ergyle, 
quhair the Rebellis wer, and fet on grite beikynis 9 to mak thame warr. 10 The foirfaid Ila not being 
diflant frome land above twa or thrie myllis of fea, jit before the Rebellis could get away in thair 
boitis, thair wer fome of M c Rannald his men apprehendit and flane. Coll M c illefpik, as faid is, 
being on his way to the lie of Cara, wes adverteift be a fervand of the Laird of Largyis, that my 
Lord of Ergyle his forces had chafiit M e Ranald and thofe that wer with him out of the lie of Cara, 
and had plantit thame felffis thair; fo he immediatlie was forcit to land in Kintyre. Some of the 
Erll of Ergyle his men, haueing forgadderit ll with him in his landing, killit a fyftene or faxtene of his 
men, and took his foure vafcbellis frome him. My lord of Ergyle, the foirfaid day, fend his forces 
of Couell and Ergyle, within twelf myles to the place quhair Sir James M'Coneill and his complices 
wer ; bot he being adverteift that my Lord of Ergyle his forceis wer comeing, by fea and land, 
vpoun him, fled away to the lie of Rachlie, n quhair he remanit twa nichtis, and thairefter went to Ila. 
My Lord of Ergyle being adverteift thairof, and heiring that his Ma teis fchippis wer arryvit at the He 
of M c acharunnik, his Lordfchip went with his forces of Lome and fome of the men of Ergyle, who had 
thair vefchellis on that fyde of the Meane-land, towardis his Maiefteis fchippis ; quhair he was ftorme- 
ftayd for the fpace of thrie dayis. And thairefter went to Loddummes in Ila, a harbour convenient for 
his Maiefteis fchippis to abyd in, and good for landing of his lordfchipis forces, out of the danger of 

1 Presented to the Privy Council by ' Archibald Campbell,' (Brother to the Laird of Lawors,) ' seruitour to 
Archbald Erie of Ergyle,' Nov. 23, 1615. ' Probably meant for Dunoon, of which the Duke of Argyll is still 

nominally the Heritable Keeper. The Dun on which the ancient Castle stood is all that remains to point out its site. 
'Until. 4 Sir Dugald Campbell. * Cowell, a district of Argyle. * Some words appear to be omitted here, 

uch as ' set for,' or ' laid in wait for.' ' Frustrated. Macdonald, ancestor of Sir Charles Macdonald 

Lockhart. Large beacons. ' To make them aware ; put them on their guard. Such beacons were 

usually large fires placed on the tops of the highest mountains or eminences, and carefully fed with tarred wood, &c. 
until answered from adjacent heights. Met ; rencountered. Uacblin or Kachrin. 



42&7JAC. VI. CRIMINAL TRIALS. 27 

the enemey. Haueing flayed thair twa dayis, for refrefcheing of his men, and till he fould heir quhair 
the Rebellis wer, immediatlie being adverteift that Sir James, with his complices, wer in the Rindes of 
Ha, and in a little He neir by, called Illannourfay, my Lord maid onfet on thame, by fea ; quhairin his 
lordfchipis men wer preventit by fome, who fet on beakynis in the O of Ha, quhairby Sir James was 
adverteft that my lord his forces wer comand on him, fo as Sir James, M c Rannald and his fones, and 
Sorle M c James fled over that nicht to Inchdachele, ane He on the coaft of Ireland. Coll M c illi/pik 
haueing the keiping of the CASTELL OF DUNYVAIG and the ILE of LOCHGORME, randerit thame bothe 
to theErll of Ergyle and Colin of Kilberrie, quhome he had taikin captiue ; and apprehendit M c iphie, 1 
on of the principallis who followit Sir James, and deliuerit him to the Erll of Ergyle ; and I haue 
prefentit him this day before your Lordfchipis, with vther fyve of Sir James his complices. Efter 
that the Caftell of Dunyvaig and force of Lochgorme wer taikin in, my Lord apprehendit fyftene of 
the principall men of Ila, who wer leadairis of the poore ones, to follow Sir James ; whome he caul it 
be execute thair. And haueing deliuerit the foirfaid Caftell of Uunyvaig and the force of Lochgorme 
to the Laird of Caddell, his Lord/chip come frome Ila in his Maiefteis fchipis, and arryved in Loch- 
ilcarrane* on the fextene day of October laft. His Lord/chip no fhooner come thair, than thair come 
on of the faid Sir James his followaris who went with him to Ireland, and vndirtook to bring fome of 
my lordis fervandis to the place quhair he left the faid Sir James ; and gif he were not to be 
found thair, he wes fuire to find him in the toun of Galloway, in Ireland, in Vallentyne Blah his houfe, 
or Robert Blak his houfe, thair ; two, who are alledgeit to be refiettairis of Jefuitis. My Lord being 
thus fuirlie informit of the faid Sir James his proceidingis, hes directit threttie of his men, in two 
onfettis, to Ireland, efter him. As to Sorle M c James and the twa and twenty that he had with him, 
thay ar in the Route dffd Glennes of Ireland : 3 It is alledgeit that the fub-officer thair hes gevin thame 
promeis of protectioun for two monethis. As to M c Rannald and his fones, thay ar fled to Loch- 
quhabir ; and my Lord his forces ar in perfute of thame thair. As to Glengarrie his fone, he is ref- 
fat in his fatheris boundis, and my Lord hes fome of his fervandis efter him. At my Lord his come- 
ing to Kintyre out of Ila, he apprehendit fome of the principallis thair, who had followit Sir James, 
and thofe who maid wairning to the Rebellis of the Erll of Ergyle his forces comeing to Cara. Lyk- 
wyfe his Lordfchip difmiffit Capitane Wood, Capitane Monke, with his Maiefteis Schipis, and the 
Bark quhairin his Maiefteis cannoun and munitioun wes, on the tent day of Nouember inftant. 

As alfua, the faid Archibald Campbell gaif in the ARTICLES following, quhaironto he craved the 
faidis Lordis aduife and ANSUER ; off the quhilkis Articlis and Anfueris the tennour followis. 

ARTICLES and ANSVERIS. 

FIRST, to inquire, gif your lordfchipis thinkis it not ane fuflficient exoneratioun to the Erll of Ergyle, 
that Sorle M c James is in Ireland, and hes tua monethes Refpett, 4 as is allegit ? 

ANSUER. The Lordis thinkis that the Lieutennent hes done his dewtie, and fould be exonerat of 
Sorle M c James, gif he be in Ireland, as is alledgeit ; feeing ', his lordfchipis Commijfioun givis him 
nocht pouer to perfew Sorle M c James, in Ireland* 

SECUNDLIE, to crave thair Lordfchipis opinionis, gif thair Lordfchipis thinkis it nocht sufficient, that 
gif M c Rannald his fones may nocht be apprehendit be my Lord of Ergyle his travellis, before my 
Lordis comeing to the Commiffionairis, that my Lord prove in qubais boundis thay haif had actuall 
refidence ? 

ANSUER. Gif M c Rannald and his fones can nocht be had afore the Lieutennents comeing heir, gif 
the Lieutennent will verifie and prove quhair and by quhome they are reffet, and within whofe boundis 
thay haif thair actual rejidence, he dots his dewtie, in that point. 

THRIDLIE, to inquire thair Lordfchipis, gif Glengarrie will nocht be obleigt for hisjbne, it being cleir- 
lie provin, that he has actuall refidance within his fatheris boundis ? 

1 M^aphie of Colonsay. The modern name is M c Fee. * Loch-Kilkerran. 3 The property of Sir James 

Mac-Sovle-Boye, mentioned in the Notice to this Trial. * Respite. 



28 



CRIMINAL TRIALS. A.D. 1609. 



ANSUER. Glengarrie wittx haldin to anfuerfor his fone, it being prouin that he is reflet and hes his 
actual rejidence within Glenganyis boniulis. 

FOURTLIE, to fchaw thair Lordfchipis, that my Lord of Ergyle findis the haill cuntrey people of 
KINTYRE, ItA, COLONSAY, JURA, and EIGA, guiltie in being in cumpany, and beiring wapponis, and 
mulluring with Sir James WcomeiU, at fuche tymes as he appointit; and in geving of meite, drink, 
and harborie to him, his followaris; and for the mod pairt thay neuir left Sir James, nather in KIN- 
TYRE nor ILA, vntill he was conftrayned to leive thame; yit my Lord of Ergyle, finding the nowmer 
fo grite, and that thay alledgeit that it was throw jull feir that thay went with him, or fchew him ony 
tauour ; t hairfoir my Lord hes put to the knawledgement of ane AfTyfe, fuche as had commandiement 
of companyis with him, who micht haue done feruice on Sir James and his followairis, and haue left 
thame at thair pleafoure ; and forbearis the reft, vntill he knaw the Commifiionaris pleafoure ; altho* 
the extremitie of the law wald tak all tbair lyveis. 

ANSUER. The Lordis ar of the Lieutennentis opinioun, concerning this Article; hot t/tay vnlljirjl 
acqitent the KINGIS MAIESTIE thairwith, and haue his Maiefleis vrill and pleafour thairanent, nfore 
thay gif thair adui/e to the Lieutennent. 

FYFTLIE, to fchaw thair Lordfchipis, that the CASTELL OF DUNYVAIG and the ILE OF LOCH- 
GORME, being randrit to the ErU of Ergyle, he hes delyuerit thame to the Laird of Caddell; and de- 
fyris THE COUNSALLIS allowance of the fame. 

ANSUER. At the comeing of the Lientennent and of the Laird of Cadell heir, this Article fall ref- 
laue an anfuer. 

(SAXTLIE,) To fchaw thair Lordfchipis, that he who hes vndirtaikin to bring my Lordis fervandis to 
the place quhair Sir James M c Coneill hes residence in Ireland, (hew my Lord, gif Sir James wer out 
of that place, quhair he houpit to find him, he wald fnirlie be in the toun of Galloway, in Ireland, 
ludgeit ather in Vallentyne Blakis houfe, or in Robert Blakis houfe, for thay dwell in that toun and 
hes a certane fowme of money payit vnto thame, yeirlie, for reflaueing of Jefuitis ; and Sir James had 
his moyen maid, that be thair meanis, he fould be tranfportit out of the cuntrey. 

ANSUER. The Lordis will wryte to the Lord Deputie of Ireland, concerning this Article. 



r caoon Brrafcittfl tjje Itittjj's OTar* Creaamtafcle gutter, 

[JOHN, seventh LORD MAXWELL, of the ancient and distinguished family of Caerlaverock, and 
brother of the first Earl of Nithsdale, was a powerful but turbulent Border baron, and was one of 
those individuals, whom a daring and restless temperament, and their crimes, have ' damned to eternal 
fame.' He appears to have fallen a victim to an unhappy indulgence in those reckless and deadly 
feuds, which were alike the disgrace and the curse of the Scottish Nobles and gentry, for many cen 
turies. 

In order more clearly to comprehend the history and causes of his crimes, originating in disappoint 
ed ambition, to which at length Lord Maxwell fell a sacrifice, and account for the hereditary feud, 
which terminated in the perpetration of the disgraceful Murder for which he was eventually brought 
to the scaffold, it seems necessary to premise, that his father, John, sixth Lord Maxwell, Warden of 
the West Marches of Scotland, &c., had the address and fortune, shortly after the Execution of the. 
Regent Morton, to obtain, as in right of his mother, Lady Beatrix Douglas, the Regent's second 
daughter, a Charter to the Earldom of Morton, Jan. 5, 1581. This grant he had also interest enough 
to get publicly ratified by Parliament, Nov. 19 thereafter. Lord Maxwell, however, did not long 
enjoy the title of Earl of Morton, and the domains annexed to it ; for, in Jan. 1585, the Attainder 



42&7JAC. VI. CRIMINAL TRIALS. 29 

was solemnly rescinded by Parliament, 1 and the title and estates were declared to revert to Regent 
Morton's lawful heir. Sir Walter Scott informs us, 2 that the Laird ofJohnstone (John) was employed 
to apprehend Lord Maxwell, who had been declared his Majesty's rebel, on account of his Religion, 
&c. in 1585 ; and was intrusted with two bands of hired soldiers for that purpose, who were destroyed 
by the Maxwells. Johnstone himself was subsequently defeated and made prisoner, and his house of 
Loch wood taken and set on fire, ' that Lady Johnstone might have light to put on her hood !' This 
Laird 3 shortly afterwards died of grief, in April 1586 ;* and to these circumstances we must unques 
tionably ascribe the origin of the deadly hate between the two Clans, and especially between their chiefs. 

Maxwell, thus baffled in his aspiring hopes, was speedily imprisoned on account of his religious 
tenets, and for his share in the above-mentioned outrages. He was afterwards liberated, on condition 
of leaving the country ; and being strenuously attached to the Religion of the Church of Rome, he 
shortly left Scotland, in the highest disgust. Having proceeded to Spain, he instantly offered his ser 
vices to < His Catholic Majesty,' who had, about that time, commenced active preparations for his 
threatened invasion of England and Scotland, which he arrogantly intended to overwhelm and subju 
gate, by means of his ' Invincible Armada' There, Lord Maxwell matured his plans ; and after being 
furnished with pecuniary assistance, and having received full instructions from his new sovereign, he 
returned to Scotland, in 1588, and immediately commenced to levy men on the Borders, 5 where his 
influence was still indisputable. News of his Plot having reached Edinburgh, the most active prepa 
rations were made, and he was quickly surprised by the King in person, at Dumfries, made prisoner, 
and his Wardenship of the West Marches bestowed on his rival, the Laird of Johnstone, the son of 
the last Chief of that name, one of the most powerful of the lesser Barons on the Borders, and 
ancestor of the Noble family of Annandale. 

SIR JAMES JOHNSTONE of that Ilk, the new Warden, besides being thus distinguished by the Royal 
favour, in being intrusted with so honourable and important an Office, was afterwards Knighted at the 
Queen's Coronation, in 1590. However, owing to some political reasons, and principally, the King's 
desire to conciliate his Roman Catholic subjects, by the display of a few popular acts of clemency, the 
Wardenship was restored to Lord Maxwell, on his submitting to certain reasonable conditions. The 
frequent transference of so envied a dignity, and that, too, upon powerful rival Chieftains, was unques 
tionably providing fuel to feed the fire of ancient jealousy, and more recent deadly feud, which had 
been rankling in the breasts of both parties, and only required the intervention of some such occur 
rence to be fanned into the fiercest flames. 

Besides the occasional skirmishes with the Maxwells, it appears that the Johnstones, as well as 
Lord Maxwell, had given assistance to the Earl of Bothwell, in his numerous daring attempts in 
1592, &c. It is probable that, on this account, Sir James had been warded in the Castle of Edinburgh, 
either for his own personal conduct, or as responsible for his Clan, and for failing to give security, &c. 
Nevertheless, it is certain, that (from whatever cause he was confined) he contrived to make his escape 
from the Castle, Jan. 4, 1693. 6 Through powerful mediation, the rival Chiefs were induced to enter 
into mutual alliance, and bound themselves to support each other in all their lawful quarrels. On the 
faith of this, the Clan of Johnstone concluded they had little to apprehend from the justice of the new 
Warden, provided they did not plunder any of the name of Maxwell. They accordingly made a de 
scent upon Nithsdale, where they committed sundry depredations on the Lord Sanquhar, the Lairds 
of Drumlanrig, Closeburn, and Lagg, and killed eighteen persons, who had ' followed their own 
goods.' Counting upon the hereditary enmity subsisting between the two names, a Commission was 
given to Lord Maxwell, who was instructed to pursue the Johnstones with all hostilities. Being 

1 Ada Parl. * Tales of a Grandfather, 2d Series, I. 93. 3 John Johnstone of that Ilk. He was 

appointed Warden of the West Marches and Justice in 1570. * Wood's Peerage, I. 73. 3 Robertson's 

Hist. II. 357. RedpatHs Border Hist. 672. Moyse's Memoirs. e See this Collection of Trials, I. 359. 



30 CRIMINAL TRIALS. A.D. 1609. 

informed of this, Johnstone obtained assistance from Annandale, and was joined by the Scots of Te- 
viotdale, the Grahames and Elliot* of Eskdale ; and besides, according to the Records of the Privy 
Council, 1 diuera Englifhmen, treflbunablie brocht within this realme, armed in plane hoftilitie,' &c. 
On the other hand, Maxwell, contrary to Law, entered into Bonds of Manrent' with the Lord 
Sanqahar, Drumlanrig, and others who had been pillaged by the Johnstones, wherein they bound them 
selves to maintain each other's quarrels ; so that each party thus possessed a large force. 

MAXWELL, in his rapacity of Warden, and also as holding the King's special Commission, summoned 
the Laird of Johnstone to surrender ; which he refused, on the ground of the illegal bonds into which 
Maxwell had entered. The Warden, therefore, without further parley, sent forward Captain Oliphant 
with some troops, to Lochmaben, to await his arrival in Annandale ; but the Johnstones, marching 
suddenly upon them, killed the Captain and a number of his soldiers, and set fire to the Parish Kirk 
of Lochmaben, whither a number had fled for shelter, but were thus forced to surrender. In revenge, 
Lord Maxwell, intending to raise the inhabitants of the different towns in his aid, as his Majesty's 
Lieutenant, entered Annandale ; but Johnstone, having obtained early information of his motions, 
suddenly attacked him, and overthrew his forces, and slew Lord Maxwell ' and sindrie Gentilmen of 
his name.'* This fatal affair took place, Dec. 7, 1593, and is well known by the name of THE BATTLE 
OF DRYFFE SANDS, having been fought close by the river of that name, near Lochmaben. Arch 
bishop Spotswood remarks, The Lord Maxwel, a tall man and heavy in armor, was in the chafe 
overtaken and ftriken from his horfe. The report went, that he called to Johnflon, and defired to be 
taken, 3 as he hadjbmetime* taken his father ; but was unmercifully ufed ; and the hand that he reached 
forth cut off; but of this I can affirm nothing. There always 5 the Lord Maxwell fell, having received 
many wounds. He was a Nobleman of great fpirit, humane, courteous, and more learned than noble 
men commonly are ; but afpiring and ambitious of rule.' 6 

The issue of the Conflict of DRYFFE SANDS, or battle, as it may almost be termed, (for Maxwell had 
above two thousand men on his side, and it is stated that Jobnstone had not quite so many,) was evi 
dently accomplished by manoeuvre. Johnstone sent ' forth some prickers to ride and make provocation,' 
after the Border fashion, which succeeded in drawing out a number of the other side, ' who, encoun- 
tring with a great company, were beaten and chafed back to the flail or., main hoft ; which, by their 
breaking in, was wholly difordered. Johnfton, that flood on a piece of high ground, beholding the 
iflue of the fkirmiih, took the advantage of their confufion, and breaking upon them, without any 
refiflance made, put them all to flight.' 7 The Maxwells suffered very severely, and in their retreat 
great numbers perished. They were pursued through the streets of Lockerby, where they were cut 
down in scores. Those who escaped bore on them, to their dying hour, marks of this fatal day, which 
occasioned the proverbial phrase of ' a Lockerby lick,' to denote a frightful gash over the face or skull. 
So dreadful was the carnage in this disastrous Conflict, that not fewer than Seven Hundred of the 
Maxwells and their adherents were slain I The routed enemy were pursued as far as the Gotterby-ford 
of the Annan, where many were drowned. 8 It is worthy of remark that there still exist, in the Holm 
of Dryfe, about half a mile below the old Church-yard of Drysdale, 9 two very aged Thorn-trees, with 
a tumulus at their base, called Maxwelfs Thorns, evidently in commemoration of the fight, and pro 
bably marking the place where he fell. 

It ia evident, then, according to the sentiments of those times, imbibed from their earliest years, which 

1 See Trialt, I. 305. Ibid, and I. 360. Marj. Annals, p. 57. Balf. Ann. I. 304. Birrelfs Diary, p. 19. 
* Viz. called or begged for quarter. 4 Formerly or previously granted quarter to Johnstone's father, by taking 

him prisoner, instead of putting him to death. * At all events ; nevertheless. * Spot*. Hist. 407. 

" Whatever opinion may be entertained of the treasonable conduct of Johnstone, in thus openly resisting the King's 
Lieutenant, merely because he happened to be his personal enemy, it is impossible to withhold admiration at the mas 
terly manner in which this skirmish was conducted, which showed military talents of a very high order. * Sta 
tistical Account, IX. 424. * Q. d. Dryfe's-dale. 



42&7JAC. VI. CRIMINAL TRIALS. 31 

' grew with their growth, and strengthened with their strength,' that natural duty and filial piety 
required such a feud should become hereditary, and behoved to be handed down from one generation 
to another ! The attempts by the King and his Council to procure an effectual reconciliation, although 
strenuously made and often repeated, at length proved abortive. The re-appointment of the Laird of 
Johnstone to be Warden of the West Marches, in 1596, x appears to have served as a signal for the 
resumption of immediate mutual aggressions. Birrel records ' an feight or combat betuix the Laird of 
Drumlanrick and the Laird of Johneftoun and thair affifteris/ Jul. 13, 1597 ; 2 that, on May 27, 1598, 
' the Laird of Johneftoun his pictor (was) hung at the Crofle (of Edinburgh) with his heid dounwart, 
and declarit ane manfworne man ; and upone the 5 of Junij, he and hes complices wer put to the 
home and pronuncit rebellis at the Crofle, be opin Proclamation.' 3 This gossipping Chronicler farther 
informs us, that, on Jul. 2, 1600, he was ' reftorit to hes honours, at the Crofle of Ed r , be the Procla- 
matione of a Herald and four trumpettis.' It is likely that Sir James Johnstone did not long retain 
the Wardenship at this time ; for, as may be seen in a former part of this Collection, 4 Thomas Arm- 
strang, ' fon to Sandies Ringane,' was condemned to be hung in chains, &c. for the Murder of Sir 
John Carmichael of that Ilk, Warden of the West Marches, in the month of June, 1600. How long 
Sir John had filled that office has not yet fallen within the Editor's observation. From the above an 
nouncement by Birrel, that Johnstone had been ' reftorit to his honours,' it may be inferred that he 
succeeded Sir John Carmichael, and once more held the ill-fated dignity of Warden of the West Marches. 

The principal parties, as well as their dependents and kinsmen, lived at such mortal and bloody 
feud, and the peace of the country was so much disturbed, that mutual friends, for their own personal 
safety and comfort, suggested the expedient of an amicable and private meeting between Lord Maxwell 
and Sir James, for finally arranging all their differences. At length, they were prevailed upon, under 
solemn pledges, to meet at a particular spot, each having one attendant, on Apr. 6, 1608, when the 
principals, with Sir Robert Maxwell of Orchardton, (Sir James's brother-in-law,) as a mutual friend, 
having removed to some distance, to converse apart, a quarrel arose between the two attendants. Sir 
James, having turned about to separate them, or to admonish them to keep the peace, Lord Maxwell 
suddenly and traitorously drew his pistol, fired at him, and shot him through the back with two bullets. 
There is some reason to suspect that this rencontre between the attendants had been plotted by Lord 
Maxwell, and arranged before the parties came upon the ground. From the evidence adduced, it is 
evident that no provocation was given, but that Maxwell, without any previous intimation, drew his 
pistol, and instantly shot Johnstone dead. 6 

The perpetration of treasonable Murder, as ' Slaughter under trust' was then termed, was one which, 
in any circumstances, but especially in such a country as Scotland, at the beginning of the seventeenth 
century, could not be pardoned. Accordingly, notwithstanding Lord Maxwell's great connexions, 
(having married Lady Margaret, only daughter of John, first Marquis of Hamilton, and being related 
to many of the principal nobility of the kingdom,) the strictest search was made, and Lord Maxwell 
was at length committed to ward, in the Castle of Edinburgh. 

His admirably contrived, and boldly executed, escape from this fortress, is fully detailed in the 
Appendix to this Trial. He was denounced rebel for breaking his Majesty's ward and failing to under 
lie the law for the treasonable Murder of Sir James Johnstone. After this, his lordship took refuge 
abroad, where he remained till 1612, when he returned to Scotland ; but so harJiy was he pressed, in 
the Borders, that he had instantly to prepare for embarkation to Sweden. His kinsman, George, fifth 
Earl of Caithness, dissuaded him from this project ; and easily prevailed on him to accept of his pro- 

1 Rymer'sFcedera, XVI. 60 D. Birrelis Diary, 44. * Ib. 46. 4 Vol. II. 363, Nov. 4, 1601. 

s Ib. 49. 6 For a number of extremely interesting and minute particulars, the reader is referred to Tales of a. 

Grandfather, Second Series, which the Editor had not had the advantage of perusing, until this Notice was written. 
The difficulty of procuring minute and authentic information on such points of history is best known to those who 
have made the attempt ; and even after the most laborious research, the most anxious enquiries often prove fruitless. 



32 CRIMINAL TRIALS. A.D. 1609. 

tection. He lured him to Castle Sinclair, under the pretence of affording him shelter and secrecy 
until he could conveniently prepare for his voyage. The real motive of this treacherous Noble, how 
ever, was, that he might obtain favour at Court, 1 by delivering up so great an offender. 

The Countess of Caithness, (Lady Jean Gordon, only daughter of George, fifth Earl of Huntley,) 
who was Lord Maxwell's cousin, and greatly interested in his safety, was likewise deceived by her 
husband, who had told her that a report was spread abroad that it was already known at Court that 
Lord Maxwell was in hiding in Caithness ; and that it was necessary, for their mutual safety, to set off 
for Edinburgh, to explain the matter ; and thus, time would be afforded for Lord Maxwell's escape. 
The unfortunate Maxwell, then in poor health from his great exertions, was trained to leave Caithness, 
and pass through Sutherland, in order that be might he taken there ; and thus spare the Earl the 
imputation of having so basely violated the laws of hospitality ! But so anxious were his servants to 
execute their commission, that Maxwell was actually taken within the county of Caithness, conducted 
to Thurso, where Captain George Sinclair 1 was impatiently awaiting his arrival, and carried him back 
a prisoner to Castle Sinclair, where he had so lately been apparently a favoured and honoured guest. 

By command of the Lords of Privy Council, Lord Maxwell was shortly afterwards delivered up 
and was, upon May 21, 1613, beheaded at the Cross of Edinburgh. It may be gratifying to know 
that the Earl of Caithness obtained no reward for his most traitorous conduct ; but, on the contrary, 
his treachery served as a source of constant reproach to him and his family. 

A variety of interesting DOCUMENTS are appended, which throw great light upon this matter, and 
upon the extraordinary state of the country at that period. If the Editor has been too minute or 
prolix, it is hoped that the singular interest and importance of this remarkable passage of History will 
prove his best excuse ; especially, when it is considered that the previous materials were so very 
meagre and unsatisfactory.] 

[Apuo EDINBURGH, Jan. 24, 1609, per Georgium Comitem Marifcatti, Vir- 
tute* Commiffioms, de data apud Grenwitche, Jun. 6, 1609, et per omnes 
Regnijtatus ; vnacum Jacobo Stewart pro Marifcatto, Willelmo Hay pro 
Conjlabulario, M. Roberto Lermonth pro Vicecomite de Ed r , et Dauide 
Lyndejay, Adiudicatore.] 

Jun. 24. JOHNNE LORD MAXWALL. 

Sir Thomas Hammyltoun of Bynnie, knycht, aduocat to our fouerane lord, 
producit, lykas he did diuerfe tymes of befoir, ane fummondis of Treaflbun, rafit 
and perfewit be oure fouerane lord and be his hienes Aduocat, aganis John Lord 
Maxwell, to haue anfuerit to the pointis of the faid fummondis and to the 
crymes of Treaffbun and lefe-majeftie contenit thairintill, the quhilk fummondis, 
and reaffones and caufles thairin contenit, being firlt red in prefens of the Lordis 
of Articlis of this prefent Parliament, they fand the famyn fummondis relevant : 
And thaireftir, this inftant day, the famyn fummondis of Treaffoun being red in 

1 In June, 1612, the Earl got in bad odour at Court by creating a broil on the High Street of 
Edinburgh, where he assaulted George Lord Gordon ; and great slaughter might have been commit 
ted, but for the extreme darkness of the night, owing to which the parties could hardly distinguish their 
own friends. * This person was bastard nephew to the Earl, and afterwards raised 150 men, and 
joined the unhappy expedition of Colonel Ramsay and Captain Hay, who had volunteered to assist 
the King of Sweden, in his war against the King of Denmark. ' They were all miferablie cut in 
peeces by the bours,' in their journey thither through Norway. Gordons Hist, of Sutherland) p. 289. 



42&7JAC. VI. CRIMINAL TRIALS. 33 

prefens of the faid lord Commiffionar and of the haill eftaittis of this prefent 
Parliament, the faid Lord Maxwell, being thryfe callit at the tolbuthe windo, to 
haue anfuerit to the faid fummondis of Treaffoun ; and compeirit nocht, the faidis 
haill Eftaittis ffand the faidis fummondis, ralit be oure faid fouerane lord and his 
hienes Aduocatt, aganis the faid Lord Maxwell, and the haill thrie reffones and 
cauffes thairin contenit, and euerie ane of thame relevant : And thairfoir ad- 
mittit the famyn to the faid aduocattis probatioun. And immediatlie thaireftir, 
the faid Aduocat, for preving of the pointis of the faid fummondis of Treaffoun 
and haill reffones and cauffes contenit thairin, Repetit all the Depofitionis of the 
Witneffes, examinat befoir the lordis of Articlis, and lordis of Secreitt Counfaill, 
of befoir, ffor preving of the faidis haill thrie reffones and euerie ane of thame ; 
togidder with diuerfe Actis of Parliament, lawes and conftitutionis of this realme, 
Sir James M c Coneillis Convictioun 1 for braking of waird ffurth of the Caftell of 
Edinburgh ; Lettre of Horning aganis the faid Lord Maxwell, for nocht com- 
peirance befoir the Lordis of Secrete Counfaill, to anfuer befoir thame, for his 
breking of waird furth of the Caftell of Edinburcht, for the Burning maid be 
him at Dalfeble, and for Slauchter of the LAIKD OF JOHNESTOUN ; with diuerfe 
vtheris wryttis and probatiounes producit be the faid lord Aduocatt, for preving 
of the foirfaid fummondis of Treaffoun, and haill thrie feuerall reffones and 
caufles contenit thairin, and euerie ane of thame ; and renuncit forder proba 
tioun : And thairvpoun the faid Aduocat afkit Inftrumentis. AND lykwayes, 
the faid Aduocat producit, in prefens of the faid lord Commiffionar and haill 
eftaittis, Lettres of Relaxatioun, beirand the faid Johne Lord Maxwell to be 
relaxit, be James Dowglas, meffinger, fra the proces of all Horningis, at the 
marcatt croces of Lochmaben, and Dumfreife, vpoun the xv day of March 1609 
yearis, and at the marcat croce of Edinbur*, be Johne Moncur, meffinger, vpoun 
the xxiii day of Marche, the yeir of God abonewrittin : As at mair lenth is con 
tenit in the faidis lettres of Relaxatioun, fubfcryuit be James Primrofe, clerk to 
the Secrete Counfaill, of the date the fext day of Marche laftbipaft, and regiftrat 
in the clerk of Regifteris buikis, the xxiij day of Marche, 1609 yeiris : And 
vpoun the productioun of the faidis Lettres of Relaxatioun, the faid Aduocat 
lykwayes alkit Inftrumentis, and defyrit the faid procefs of Foirfaltour to be 
advyfit be the faidis haill Eftaittis. 2 
SUMMONS OF TREASON and FORFEITURE, &c. again/I John Lord Maxwell. 

JACOBUS, Dei Gratia, Magne Britannie Francie et Hibernie Rex, fideique de- 
fenfor ; dilectis noftris Leoni Regi armorum, Hay, Albanie, Rofs, Rothefay, 
Snawdoun, Merchemont, heraudis ; Dauid Bryfoun, Alexandro Dowglas, Jacobo 
Chalmeris et M. Willelmo Stewart, clavigeris ; Ormont, Bute, Vnicorne, Carrik, 

1 See May 13, 1609, in the preceding Trial, Vol. Ill, 1, &c. See Acta Parl. 1609, 414. 

VOL. III. E 



34 CRIMINAL TRIALS. A.D, 1609. 

figniferis, nuntiis, et eorum cuilibet, coniunctim et diuifim, vicecomitibus nollris 
in hac parte fpecialiter conftitutis, Salutem. Mandamus vobis et precipimus, 
Quod fummoneatis legitime et peremptorie, coram teftibus, JOANNEM DOMI- 
NUM MAXWELL perfonaliter, fi eius perfonalem prefentiam commode habere 
poteritis ; fin minus, per publicam proclamationem apud Cruces forales burgorum 
noftrorum de Edinbur 1 et Drumfreis, et apud Arces de Carlaverok et Drum- 
freis, et domicilia dicti Joamiis Dominum Maxwell, ante fuam a legibus fugam 
et rebellionem ; necnon apud portum vulgo liejchore and pel re ofLeith, aliaque 
loca neceflaria, fuper premonitione fexaginta dierum, quia extra regnum noftruni 
Scotie efle exiftimatur ; quod compareat coram nobis noftroue Commiflionario et 
Jufticiario ac regni noftri Scotie ordinibus, in Parliamento noftro apud Edin 
burgh, vel vbi nos dictumve noftrum Commiffionarium et Jufticiarium, ac dicti 
regni noftri ftatus pro tempore convenire contigerit, tenendo duodecimo die 
mentis Aprilis proxime futuri, hora caufarum, cum continuatione dierum, ad 
refpondendum nobis noftro ve Commiflionario et Jufticiario, in prefato Parlia 
mento ; necnon ad inftantiam dilecti et fidelis confiliarii noftri Thome Hammyl- 
toun de Bynnie militis Aduocati noftri, pro noftro interefle, pro iplius Joannis 
nefarijs, fceleratis, et proditorijs Lefe Maieftatis criminibus infrafcriptis, per ip- 
fum et alios eius mandate, perfuafione, conlilio, auxilio, et ratihabitione perpe- 
tratis et commiflis ; ac quarum confcius, particeps, ars et pars fuit et eft : Nec 
non dietus Joannes Dominus Maxwell ad videndum et audiendum per nos nof- 
trumve Commiffionarium et Jufticiarium, ac dicti regni noftri Scotie ordines, 
decerni fe crimina Lefe Maieftatis infrafcripta modo fubfequente commififle, pe- 
nafque illas conftitutas, vita?, fcilicet, terrarum, et bonorum omnium, mobilium et 
immobilium, dignitatum, officiorum, jurium, aliorumque omnium, infra dictum 
regnum noftrum ad fe pertinentium, vel que vllo modo ad ilium fpectare vel per- 
tinere poterunt, amiflionem incurrifle ; ac dicta omnia bona, predia, terras, tene- 
i nriitu. officia, dignitates, jura, et commoda quecunque, illi infra dictum regnum 
noftrum competentia, vel que ad ilium vllo modo fpectare poterunt, nobis Forif- 
fecifle ; eaque ad nos pertinere et nobifcum in perpetuum remanere, juxta leges 
et Regni noftri confuetudinem ; ob caufas et rationes tubfequentes. IMPRIMIS, 
quod non folum chariflimi quondam avi noftri Jacobi V. Regis illuftriflimi con- 
ititutione, in Parliamento fuo, anno 1528 promulgata, fed etiam lege per nos in 
Parliamento noftro anno 1567 lata, cautum eft, quod quecunque homines infra 
domicilia fuacomburunt,omnefque incendiarii edificiorum et frumentorum,omnef- 
que alii voluntarii et maligni incendiarii, dictum crimen certo propofito et delibe 
rate confilio committentes, Lefe Maieftatis rei erunt. Ac certum eft, quod dietus 
Joannes Dominus Maxwell, ab ipfa juventute ad contumaciam, rebellionem, legum 
et authoritatis noftre contemptum, turn natura et prava confuetudine deditus, 



42 & 7 JAC. VI. CRIMINAL TRIALS. 35 

quum plurimis literis noftris, in annis 1598, 1599, 1600, 1601, et 1602, fub 
pena rebellions ei imperatum fuiflet, vt redditus prediorum fuorum de Duncow, 
Trive, Grange, et molendini eiufdem, que pars dominii corone noftre vnite et 
annexate funt, et per dictum Joannem Dominum Maxwell et predeceflbres fuos 
tanquam emphiteutas feudifirmarios et tenentes noftros poflefle fuerunt, perfol- 
ueret : Necnon vt rationes nobis de aliis redditibus et taxationibus infra fenefcal- 
latus noftros Vallis Annandie et Kircudbricht, predictis annis, multifque alijs 
precedentibus, nobis debitis, tanquam dictarum provinciarum et limitum Sene- 
Icallus, vt ei ex officio incumbebat, nobis et noftris Scaccarii auditoribus redderet ; 
et dictos redditus, deuorias taxationes, aliafque pecuniarum fummas, vbi debuerat, 
fub pena rebellionis perfolueret : Ac etiam, vt coram Confilij noftri dominis, per 
le, in dictis annis cornpareret, ad refpondendum pro variis fuis contemptibus, 
rebellionibvs, carcerum noftrorum efFractionibus, et violentis extra cuftodias 
noftras eruptionibus, aliifque delictis et maleficijs per ipfum commiffis et perpe- 
tratis : ILLE tamen, omnia noftra imperia et mandata pertinaciter contemnens, 
eafque ob caufas multafque alias rebelliones ad cornu noftrum exiftens, quo 
tamen omnem venie libi a nobis ijpem prefcinderet, et flagicioliffimis criminibus 
extremas legum penas mereretur, . . . die mentis February, aut eocirca, anno 
1602, comitatus Carolo Maxwell vocato de Kirkhous, Roberto Maxwell de Dun- 
widdie, et aliis fuis fatellitibus et criminum focijs, ad numerum viginti horninum 
illegitiine convocatorum, galeis, lanceis, loricis, bombardis, fclopis, alijfque arm is 
prohibitis munitorum, pro inveterate odio et malicia, diu ante per dictum Joan 
nem contra quondam Gulielmum Johneftoun fratrem Wilkini Johneftoun de 
Elchefchellis, et Joannem Johneftoun fratrem Jacobi Johneftoun de Hifliebray, 
concepta, ob capitales inimicitias inter MAXWELLIOS et JOHNESTONES, acceffit 
ad villam de Dalfibbil, infra parochiam de Kirkmichaell et vicecomitatum noftrum 
de Drumfreis jacen. ; ibique, per feipfum, dictofque Carolum Maxwell vocat. de 
Kirkhoufe, Robertum Maxwell de Dunwiddie, aliofque feruos et focios fuos, 
dictum Willelmum Johneftoun, in dicta villa de Dalfibbill quiete et pacifice 
degentem, nullafque iniurias, infidias, aut invafionem fufpicantem, immaniter et 
maliciofe aggreflus, eundem infra habitationis fue domum in dicta villa de Dal 
fibbill fugauit ; vt omnis falutis Ipes ei auferretiir, dicti Willelmi domum, certo 
propofito et per induftriam, proditorie incendit et flammis vaftauit ; cumque 
ignis violentia dictum Willelmum erumpere coegiflet, crudeliter eum interfecit : 
Ac ftatim ad domum Cutkberti Brattene, in eadem villa exiftenteni, accedens, earn 
pariter maliciofe, crudeliter, confulto et deliberate animo, proditorie incendit ; ac 
dictum quondam Jacobum Johnejloun vocat. de Briggis infra eandem vivum 
combuffit ; domumque dicti Cuthberti incendio penitus confumpfit. Eaque pro- 
ditoria crimina ipfius Joannis Domini Maxwell confilio, mandato, auxilio, et rati- 



36 CRIMINAL TRIALS. A.D. 1609- 

habitione, perpetrate funt ; dictufque Joannes Dominus Maxwell eorum ars et 
pars, vulgo a'irt and pairt, fuit et eft, et dictas penas Proditionis et Lefe Maief- 
tatis iifdem criminibus, de jure conftitutas, fubire et perferre debet. SECUNDO, 
quia per nos et dicti regni noftri Scotie ordines in Parliamento noftro vudecimo 
ilatutum eft, quod Homicidium alicuius fubditi noftri, quando is qui trucidatur 
exiilit fub fide, fiducia, aflecuratione, et poteftate occidentis, vulgo wider the 
trvft, credit, ajjiirance, and power of the Jlayer, omne tale Murthurum et Homi 
cidium impofterum committendum, Lefe Maieftatis crimen erit ; et qui illius cri- 
minis legitimo juris ordine convictus fuerit, vitam, terras, et bona omnia nobis 
forisfaciet : Atque verum eft, quod dictus Joannes Dominus Maxwell, vndecimo 
die mentis Junii, aut eocirca, anno 1605, coram Dominis Secreti noftri Confilij, in 
gratiam et amicitiam cum quondam DOMINO JACOBO JOHNESTOUN de Dun- 
foellie milite rediit, ac omnium preteritarum inimicitiarum oblivionem fancte 
promittens, in fignum fincere reconfiliationis et future amicitie fidem, et dextram 
ei dedit, et ab omni iniuria, damno, invafione, et periculo, a fe, parentibus, alliui- 
bus, amicis, clientibus, feruis, alijfque omnibus affiftentibus fuis, impofterum 
inferendo, fe dictum quondam D. Jacobum faluum et incolumem preftiturum, 
magno interpofito facramento, promifit ; et Reconciliationis literas, vulgo ane 
Letter of ' Slay ties, manu fua fignatas, ad premifibrum teftimoniura et connrma- 
tionem dedit : Quarum fiducia illectum, dictum quondam D. Jacobum, qtium 
negligentius et incautius fe gerere dictus Joannes Dominus Maxwell intelligeret, 
fumma fediffime vindicte cupiditate flagrans, confilium cum dicto Carolo Max 
well vocato de Kirkhoufe, in menlibus Martio et Aprili proxirne preteritis, iniit, 
quibus potiffimum dolis dictum quondam D. Jacobum Johneftoun in infidias 
pertrahere et proditorie occidere poffit ; tandemque concluferunt D. Robertum 
Maxwell de Spottis militem, nominibus vtrique charum et fidum, ad dictum D. 
Jacobum in infidias pertrahendum maxime idoneum futurum ; ideoque vocato 
ad fe dicto D. Roberto, dictus Joannes Dominus Maxwell diligenter cum eo egit, 
vt dictum quondam D. Jacobum ad colloquium ad fe pertraheret, vt et arctiorem 
amicitiam et familiaritatem contrahere, et dicti D. Jacobi opera criininum fuarum 
veniam obpredictarumrebellionum, multarumque aliarum,propterLiterarum riof- 
trarum in annis 1603, 1604, 1605, 1606, 1607, et 1608, contra fe, fub pena rebel- 
lionis et ad cornu noftrumdenunciationis,directarum contemptum,a nobis obtinere 
poflit : Quod quum dictus D. Robertus revera expeti exiftimaret, dicti Joannis 
hortatu, fide prius ab eo data, congreflum dum tutum et regreflum pacificum et in- 
demnem futurum, cum dicto quondam D. Jacobo fepius egit, eidemque tandem per- 
fuafit vt dictum Dominum Maxwell vno tantum comitatus amico, fe arbitro, ad 
effectum predictum pacifice conveuiret, fancte promittens, nomine et mandate dicti 
Joannis Domini Maxwell, acceflum et receflum ei fecurum, tutum, et incolumem 



42&7JAC. VI. CRIMINAL TRIALS. 37 

futurum ; quibus adductus perfuafionibus et promiffis, dictus quondam D. Jaco 
bus, fexto die mentis Aprilis vltime elapfi, accito fecum Gulielmo Johne/founvocato 
de Lockerbie, gladio, fine vllis alijs armis, accinctus, dictum D. Robertum Max 
well fecutus ad moram inter Arthurftane et Trailflat pervenit, vbi duos equites 
adventum fuum operientes percepit, dictique D. Roberti hortatu paulatim in eo 
loco fubftitit, donee D. Robertus progrediens dictofque duos equites Joannem 
Dominum Maxwell et Carolum Maxwell vocat. de Kirkhous effe perfpicieiis, 
adduxifle fe dictum D. Jacobum Johneftoun ad deilinaturn coloquium dedarauit, 
a dicto Dornino Maxwell jurisjurandi privs dati, pro dicti D. Jacobi et Gulielmi 
Johneftounes incolumitate, faluoque et tuto acceffu et recefiu a dicto colloquio, 
renouationem exegit ; et Dei nomine et Numine interpofito, a dicto Domino Max 
well pro feipfo et dicto Carolo Maxwell obtinuit : Sicque dictum quondam D. 
Jacobum Johneftoun, tot promiffis et juramentis fidentem, ad locum colloquio def- 
tinatum ad dictum Dominum Maxwell aduxit, et mutua data et accepta, vt inter 
amicos fieri folet, falute, detectis capitibus congreffi, dicto Carolo Maxwell et Gu 
lielmo Johneftoun imperarunt vt feorfum fubfifterent, ipfique ad colloquium ita 
progreffi funt, vt, D. Roberto Maxwell medio, vnus ei ad dextram, alter ad finif- 
tram obequitaret : Dumque de rebus ob quas convenerant pacifice et vti videbatur 
amanter colloquerentur, dictus Carolus Maxwell, ita vti prius inter eum et dic 
tum Joannem Dominum Maxwell convenerat, ad dictum Willelmum Johneftoun, 
contra quern conftitutum erat, acceffit ; et vt difcordie et rixe anfam nacifceretur, 
adeo ingratum fibi ilium congreflum efle affirmauit, vt ii illius caufam prius intel- 
lexiflet, ei fe hand affuturum profiteretur. Refpondenti vero Gulielmo, fperare fe 
colloquii illius finem dictis nobilibus viris amicifque et clientibus eorum gratum 
et vtilem futurum : Id fieri non pofle Carolus afleruit, dictum que D. Jacobum, 
omnefque alios Johnftones, latrones et proditores vocauit. Gulielmus autern, ne 
fua culpa difcordie initium preberetur, dixit fe quamlibet iniuriam paflururn, 
potius quam duorum colloquium difturbaturum ; et quamvis, tanta dicti Gulielmi 
patientia fruftratus, Carolus nullam pugne occafionem iriveniret : Illud tameri 
quod prius intenderat omnino peracturus, dictum Gulielmum, nee verbo nee facto 
prouocatus, crudeliter et proditorie parato fclopo invafit, et pallium et veftes eius 
duobus giobalis tranfmifit ; cujus fragore, et Gulielmi voce proditorie vim vite 
fue inferri clamantis, turbatus quondam D. Jacobus Johneftoun, ab eo fe con- 
vertens, et que tarn fedi facinoris caufa efle rogans, dictus Joannes Dominus 
Maxwell, a tergo, dicto quondam D. Jacobo Johneftoun, nil tale metuenti, immi- 
nens fclopo, quern fub palio clam paratum habebat, in dictum D. Jacobum, prodi 
torie directo, per humerum duabus glandibus plumbeis venenatis 1 in corpus et 

1 This circumstance of the TWO lead BULLETS having been previously POISONED, is a very strong 
fact against Maxwell ; and if borne out by the evidence, satisfactorily proves the deadly intention of 



38 CRIMINAL TRIALS. A.D. 1609. 

vitalia eius addictis, eum inhumaniter, crudeliter, fede, et proditorie occidit ; ac fub 
fide, fiducia, aflecuratione, et poteftate fua, vulgo under his tnijl, credit, ajfurancc, 
and power, trucidauit ; contra fidem datam et amicitiam initam coram dictis 
Confilij noftri dominis, et dicti D. Roberti Maxwell, intervento fepius juramento, 
per dictum Joannem Dominum Maxwell renovatam. QUORUM criminum dictus 
Joannes Dominus Maxwell eft confcius, et particeps, ars et pars ; ideoque penas 
Lefe Maieftatis iis jure conftitutas, vt antea dictum eft, fubire et perferre debet. 
TERTIO, quia, tarn Communi gentium omnium quam Civili Romanorum Jure, et 
regni noftri Legibus ftatutum, et vltra omnem memoriam recepta et approbata 
confuetudine obfervatum eft, eum qui Maieftatem publicam leferit, cuiufue opera, 
confilio, dolo, malo, confilium initum eft, quo quis contra Rempublicam arma 
ferat, aut qui Lefe Maieftatis reum in vincula conjectum dimiferit, Maieftatis 
teneri : Ac vero manifeftum eft, dictum Joannem Dominum Maxwell, in Arcem 
Edinburgenam, quia noftris Confilii noftri mandatis obtemperare pertinaciter 
recufauerat, in cuftodiam miflum, confilium cum JACOBO M c CoNNEiLL de 
Dwnyveg milite, in eadem Arce, ob multa Lefe Maieftatis et Proditionis crimi- 
na in vinculis detento, inifle; quibus potiffimum rationibus de dicta cuftodia 
violenter et proditorie, in Maieftatis noftre manifeftum contemptum et lefionem, 
erumperent, et aflito in fceleris confcientiam dicto ROBERTO MAXWELL de Dun- 
widie, confpirafle, ereptis cuftodum armis illis, fibi exitum e dicta Arce per vim 
proditorje parare ; quod vt facilius perfecerent, . . . die mentis Decembris, anno 
1607, ad hilariorem et liberiorem compotationem nouitatis, invitatis cuftodibus, 
gladiifq. illorum per vim ereptis, ipfos deinde cuftodes in cubiculum obferatum 
inermes incluferunt, et ad interiorem dicte Arcis januam armati accedentes 
Alexandrum Strutheris ejus cuftodem, quia pro fua in nos fide eos exitu prohi- 
bere conatus eft, multis vulneribus, in capite, brachio, manu, alijfque corporis 
partibus, faucium et prope exanimem proftraverunt ; et ob parem caufam Mar- 
gareta Philop, vxore eius, barbare et crudeliter e'tiam vulnerata, per dictam janu 
am interiorem ad mediam Arcis portam pervenerunt, vbi Archibaldum Cunyng- 
liame illius cuftodem, claves tradere recufantem, proditorie etiam invaferunt, et 
in brachio crudeliter vulnerato claves ei violenter eripuerunt ; et aperta per vim 
porta proditorie erumpentes, muro qui Portam vrbis Occidentalem pertingit 
trancenfo, dicti Joannes Dominus Maxwell, et D. Jacobus M c Connell, proditorie et 

Lord Maxwell, who, in appointing this meeting, had unquestionably predetermined the destruction of 
his rival. On the other hand, it seems clear that the Laird of Johnstone, his attendant, and Sir Robert 
Maxwell, their mutual friend, were only possessed of their side-arms, the distinguishing mark of a 
Gentleman at that period. It is well worthy of remark, that Sir Walter Scott relates, that while the 
gallant old knight lay dying on the ground, Maxwell rode round him, with the view of completing his 
crime ; but Johnstone defended himself with his sword, till strength and life failed him.' It is unne 
cessary, here, to enter into any detail on these points, as such copious illustrations have been given in 
the Notice and Appendix to this Trial. 



42&7JAC. VI. CRIMINAL TRIALS. 



39 



violenter aufugerunt ; donee fub Caftellam noftri et aliorum fidelium fubditorum 
infequentium diligentia, captus et in carcere retractus eft, dictus Jacobus M c Con- 
nell ; dicto Joanne Domino Maxwell celeri fuga euadente : Sicque, Joannes Do- 
minus Maxwell Maieftatem noftram lefit, eiufque opera, confilio, dolo, malo, 
confilium initum eft, quo arma contra nos per feipfum et dictos Jacobum domi- 
num M c Conneill et Robertum Maxwell de Dunwiddie lata funt, ac etiam dictum 
Jacobum M c Conneill militem Maieftatis reum in vincula conjectum dimifit, dic- 
torumque omnium Lefe Maieftatis criminum confcius, et particeps, ars et pars 
fuit et eft, et penas iis a jure conftitutas fubire et perpeti debet. ET PKOPTE- 
REA, dictus Joannes Dominus Maxwell ad videndum et audiendum, per nos, dic- 
tumve noftrum Commiffionarium et Jufticiarium, ac dicti noftri regni Scotie 
ordines, decerni et ordinari, fe, predicta Lefe Maieftatis crimina, per feipfum et 
alios ipfius mandate et perfuaiione, confilio, auxilio et ratihabitione comififle et 
perpetraflTe ; ac eorum confcium et participem, vulgo airt and pair t, fuifle et effe ; 
ideoque penas dictis Proditionis et Lefe Maieftatis criminibus competentes ferre 
et fubire debere, vite, fcilicet, et bonorum omnium, mobilium et immobilium, ter- 
rarum, tenementorum, dignitatum, officiorum, jurium, aliorumque omnium ad 
fe fpectantium, amiffionem et confifcationem ; dictafque terras, predia, bonaque 
omnia, mobilia et immobilia, dignitates, officia, jura, aliaque omnia ad dictum 
Joannem Dominum Maxwell fpectantia et pertinentia, vel que ad ilium fpectare 
et pertinere vllo modo potuerunt, nobis confifcari, ad nos pertineri et perpetuo 
nobifcum in proprietate permanere : ET vlterius, in premiffis refpondendum et 
juri parendum : Intimando dicto Joanni Domino Maxwell, quod liue, dictis die 
et loco, cum continuatione dierum, comparuerit, fiue non, nos tamen dictufue 
nofter Commiffionarius ac Jufticiarius, et dicti regni noftri ordines, in premiffis, 
jufticia mediante, procedemus et precedent. Infuper fummoneatis ad comparen- 
dum coram nobis, noftroue Commiffionario ac Jufticiario, et dictis regni noftri 
ftatibus, in dicto Parliamento, dictis die et loco, hora caufarum, cum continua 
tione, ad perhibendum fidele teftimonium in premiffis, fub pena legis : Et pre- 
fentes literas debite executas et indorfatas earundem latori reddatis. Et vos qui 
prefentes executi fueritis iitis ibidem dictis die et loco, cum continuatione dierum, 
coram nobis dictoue noftro Commiffionario et Jufticiario, ac tribus regni ordi- 
nibus, portantes vobifcum veftre fummonitionis teftimonium, in fcriptis, pro pre 
miffis aut ipfos teftes. Ad quod faciendum, vobis et veftrum cuilibet, coniunctim 
et divifim, vicecomitibus noftris in hac parte, noftram plenariam virtute prefen- 
tium committimus poteftatem. Datum fub teftimonio noftri magni Sigilli, Apud 
Edinbur 1 vigefimo fexto die menfis Januarii, anno domini millefimo fexcentefi- 
mo nono, et regni noftri annis quadrageiimo fecundo et fexto. 

THE quhilk fummondis, with the executiounes and indorfatiounes thairof, 



40 CRIMINAL TRIALS. A.D. 1609. 

l>eing this inftant day red, in prefens of our fouerane lordis Commiflionar and 
Eftaittis of Parliament, firft in Latine and tbaireftir in Scottis, the faid Johne 
Lord Maxwell, being oft tymes callit of new at the tolbuth window of the faid 
burcht of Edinburcht, to haue compeirit, &c. And he nocht compeirand to haue 
defendit in the faid mater, and to haue anfwerit to the faid fummondis, the faid 
Sir Thomas Hammyltoun of Bynnie, kny 4 , Aduocat to our fouerane lord, defyrit 
the faidis Eftaittis declaratioun, gif the reflbunes of the faid fummondis wer re 
levant aganis the faid Lord Maxwell. The quhilkis Eftaittis fand the faid fum 
mondis, and the reffones and cauffes thairin contenit, and euerie ane of thame 
relevant. Thairfor the faid Aduocat, of new, for preving of the foirfaidis thrie 
reflbunes and euerie ane of thame, beirand and contenand as is abone writtin, 
repetit all the Depofitiounes of the Witneffes, examinat befoir the faidis Lordis 
of Articlis, and Lordis of the Secrete Counfaill, refpectiue, with diuerfe Actis of 
Parliament, Lawes and conftitutionis of this realme, Sir James M c Coneillis Con- 
victioun, &c. with all vtheris wryttis and probatiounes producit ofbefoir, this 
inftant day, be the faid Aduocat, ffor preving of the foirfaidis fummondis of 
Treaffoun, and hail thrie reffounes and cauffes contenit thairin, and euerie ane of 
thame ; and defyrit the faidis Eftaittis of Parliament to advyfe the probatiounes 
foirfaidis led and deducit in the faid mater, and to pronunce thair Sentence of 
Parliament thairintill, according to the famin probatiounes, and thair confidences : 
And thaireftir, the haill wryttis, Depofitiones of Witneffes and probatiounes being 
red, fene, and confident be the faidis haill Eftaitis of Parliament, and they thair- 
with being ryplie advyfit, 

VERDICT, The faidis Lord Commiflionar and Eftaittis of Parliament, ffindis, 
decernis and declaris, that the faid Johne Lord Maxwell Committit and did 
oppin and manifeft Treflbun, in all the pointis, articlis and maner contenit in 
the faid Summondis : And thairfoir, it wes gevin for dome, be the mouth of 
Dauid Lyndfay, dempfter of Parliament, in maner and forme as folio wes : 

SENTENCE. This Court of Parliament fchawes for law, the faid JOHNE LORD 
MAXWELL to haue committit and done all the foirfaidis crymes of Treaffoun 
and Lefemajeftie, be him felf, and vtheris of his caufing, command, afliftance and 
ratihabitioun, aganis oure faid fouerane lord and his authoritie ; and that he is 
and wes giltie and pairtaker, airt and pairt, of the famin crymes of Treaffoun ; 
all in maner at lenth contenit in the reffounes of the faid fummondis : And thair 
foir, Decernis and Declairis, that the faid Johne Lord Maxwell aucht and fould 
vnderly and fuffer the paynis competent to the faidis crymes of Treaffoun and 
Lefemaieftie, to wit, the tynfall and confifcatioun of his lyfe, and all his guidis, 
moveable and vnmoveable, landis, tenementis, digniteis, offices, richtis, and all 
vtheris thingis belanging to him ; and all the faidis landis, rowmes, and all gudis 



42&7JAC. VI. CRIMINAL TRIALS. 41 

moveable and vnmoveable, digniteis, offices, richtis, and all vtheris belanging and 
pertening to the faid Johne Lord Maxwell, and quhilkis may ony way belang 
and pertene to him, to be confifcatt, to pertene to our faid fouerane lord, and to 
remane with his Maieftie for euir in propirtie. And this I gif for dome. 

APPENDIX OF ORIGINAL DOCUMENTS, ILLUSTRATIVE OF THE TRIAL OF 

JOHN LORD MAXWELL. 

I. DEPOSITIONS taken lefore THE LORDS OF PRIVY COUNCIL, relative to the 
Efcape of LOUD MAXWELL and SIR JAMES MAKONEILL from the Co/He 
of Edinburgh. 1 

(1.) DEPOSITION of Archibald Cunynghame, Mafter Porter of the Caftle of Edinburgh. 

AT the Caftell of Edinburgh, the xv day of Januar, 1608. 

ARCHIBALD CUNYNGHAME, Maifter porter of the Caftell, fworne and demandit what he knawis 
of the mater foirfaid of the breking of Warde ? Deponis, that he, being fittand in his chalmer in the 
yett, 2 he fend his boy to haue fetchet him a drink : In the meantyme, Williame Maxuell of Kirkhous 
come to the deponer and defyrit him to oppin the yett; and that immediatlie the Lord Maxuell him 
felf come and cryed, ' Sals knave, oppin the yett !' And the deponer refufeing, and begynnand to haue 
fpokin to the Lord, he cryed agane, ' ffals knaif, oppin the yett !' And with a drawin fwerd gaif the 
deponer ane greit ftraik vpoun the arme ; and mynting 3 again to haif ftruckin the deponer, he wes Hayed 
be Williame Maxwell of Kirkhous, who threw the keyis frome the deponer, efter that he wes hurte, 
and oppynit the yett. And deponis, that the Lord Maxwell wald haif flane the deponer, wer nocht 
he wes ftayed be Williame of Kirkhous. 

(2.) DEPOSITION of Alexander Struthers, Porter of the Co/tie of Edinburgh. 
ALEXANDER STRUTHERS, Porter, fwome and examinat vpoun his knawlege of the interprife foir 
faid, deponis, that Williame Maxwell of Kirkhous come to the yett, 4 and cryed, ' Porter, oppin the 
yett, and latt me oute !' And the deponer having oppynnit the yett, Williame Maxwell paft oute, 5 and 
then patt his bak to the wickett of the yett, to haif ftayed the deponer fra clofing of it : And the deponer 
preafing to haif clofit the yett, the Lord Maxwell and Sir James M c coneill and Robert of Dynwyddie 
come to the yett ; and the Lord Maxwell, with a drawne fwerde, ftraik the deponer vpoun the hand, 
and Sir James gaif the deponer ane ftraik with ane fwerd vpoun the heid : And thay haueing paft oute 
at that yett, the deponeris wyffe melting with thame betuix the yettis, and trying to have relevit the 
deponer, hir hufband, the faid Sir James gaif hir ane ftraik vpoun the heid ; and that fcho reflaued 
fundrie vther ftraikis, bot knawis nocht who gaif thame. 

(3.) DEPOSITION of Sir James Makoneill, knight, 
AT the Caftell of Edinburghe, the xv day of Januare, 1608, &c. 6 

(4.) SECOND DEPOSITION of Archibald Cuninghame, Majler Porter of the Cajlle of Edinburgh. 
APUD ED R , xx Junij, 1609. WITNESSES producit be the Advocat, for preving of the Third 

Reffbune of Treffbun anent the Breking of Wardfurth of the Co/fell of Edinburgh. 
ARCHIBALD CUNNINGHAME, Porter of the Caftell of Edinburgh, of the aige of Ixij yeiris, or thair- 
by, deponis, that vpoun the fourt day of December, the yeir of God 1607 yeiris, this deponar for the 
tyme, about fyve horis befoir fupper, fittand in the myd Porter-hous of the Caftell of Edinburgh, and 

1 The following Depositions are taken from the Originals, preserved in his Majesty's General Register House, 
Edinburgh. * In the Guard- house, at the inner gate. s Essaying. * Viz. the second gate, kept hy the 

under Porter, or ' Keepar of the Inner-yett.' 5 As a visiter permitted to see his friends in ward. 6 See 

his Trial, May 13, 1609, Vol. III. page 10, where this Paper is given at length. 

VOL. III. F 



42 CRIMINAL TRIALS. A.D. 1609. 

the key being in the wikit of the faid raid^ett, Williame Maxvell of Kirkhous cummis furthe of the 
Caftell, and defyris this deponar to oppin the wikett ; and as the deponar was villtng to haif oppinnit 
the faid wikett, the Lord Maxvell come vpoun this deponar with ane (Irani n fuerd, faying, Fals knaif ! 
oppin ]>e 3ett, or ellis I fall hew the atl in hladdis ! ' The deponar anfuerit, ' Schamit theif ! quhat ar 36 
doand heir ?' And then the Lord Maxvell incontinent ftraik at this deponar with his drawin fuord, 
and mwtilat him of his left arme ; and gif the faid Williame Maxvell had nocht favit the deponar from 
the faid Lord Maxvellia furie, he had, flane the deponar. Then the Lord Maxvell oppinnit the wikett, 
and he and Sir James Makconeill pafte furthe tbairof, and pad to the veft Caftell vail that gois to the 
Weft-poirt of Edinburgh, and haveing clwine that wall, the faid Lord Maxvell efchapit with fuitht 1 
flycht ; and the Conftable of the Caflell, with vtheris keparis thairof, apprehendit Sir James Makco 
neill, and brocht him bak agane and pat him in the irnis ; and Williame Maxvell left the Lord Max- 
veil at the vtter ;ett, quhair he was lykvayis tane by the Conftable; and hard nocht quhen Alexander 
Strutheris, keipar of the Inner-port, was forcit and hurt be the Lord Maxvell ; and nevir hard any 
tumult quhill the Lord Maxvell come vpoun him felf. 

(5.) SECOND DEPOSITION of Alexander Struthers, Keeper of the Inner Yett. 

ALEXANDER STRUTHERIS, kepar of the Inner^ett of the Caflell of Edinburgh, of the aige of 1 s 
;eiris, or thairby, mareit, deponis, That vpoun the ferd day of December, 1607 ye iris, this deponar, 
about fyve horis at night, fittand in the Inner-porter-hous of the Caflell of Edinburgh, and haveing the 
keyis of the Inner-5ett hyndand 3 vpoun his arme, Williame Maxvell of Kirkhous, feruand to the Lord 
Maxvell, come to this deponar and defyrit him to oppin the 3011, and the deponar haveing oppinnit the 
inner weiket, and the faid William haveing pafl furth thairof, the faid William flayit the deponar to 
cloife and loik the weikett of the Inner-5et, and in the mentyme of the flryiff, Johne Lord Maxvell, 
Sir James Makconeill, and Robert Maxvell of the Tour, all thrie with drawin fuordes in thair bandit, 
come to this deponar, and the Lord Maxvell with his fuord firfl flraik at the deponar, and cuttit his 
left hand : Thairefter Sir James M c coneill and Robert Maxvell, ilkane of thame, gaif him bluidie 
flraikis in his heid, and the deponar cryand * Fy I Treflbun 1' Margaret Philp, his vyiff, come furthe 
to help the deponar, (qnha was lykvyis voundit be the foirfaidis perfonis,). and gat four bluidie flraikis 
in his bodie : And in the mentyme, quhill Robert Maxvell and this deponar war in gryppis and flryiff, 
the faid Lord Maxvell and Sir James M c coneill pafl furthe of the faid Inner^et, the quhilk Inner^et 
this deponar than lokit and held in the faid Robert Max vail, quha incontinent thairefter lap the faid 
Caflell vail, and efhapit furthe thairof; and within ane hour thairefter this deponar faw Sir James 
M' corn-ill brocht within the faid Caflell be the Conftable, quhair he 3 it remanis, lyand in irnis. 
(6.) DEPOSITION of Thomas Home, Con/fable of the Cafile of Edinburgh. 

THOMAS HOME, Conflable of the Caflell of Edinburgh, of the aige of Ix yeiris, or thairby, mareit, 
deponis, That vpoun the faid ferd day of December, 1607 veins, the twa Inner-portis of the Caflell of 
Edinburgh being forcit and opinnit be the Lord Maxvell and Sir James MacConeill, efter that thai had 
hurt the tua portaris, and had loppin the wall aboue the Veft Port. This deponar, vpoun the cry of 
the wechemen, folio wit tham with diligence ; and as he cam neir the Barres, 4 certane men at the Weft 
Port tauld to this deponar, that ane of tham that had brokin ward was lyand in ane meiddane, 5 and 
had irnis vpoun him : And thairefter this deponar brocht Sir James Mconeill bak agane to the Caftell 
of Edinburgh, quhair he yit lyis in irnis. And the deponar faw the faidis tua Portaris bayth hurt, 
quhen lie come in with Sir James M c coneill to the Caftell of Edinburgh agane. 

(7.) DEPOSITION of William Symfone,foldier in the Co/lie of Edinburgh, 

WILLIAME SYMSONE, ane of the fuldaris of the Caftell, of the aige of xxvj yeiris, or thairby, mareit, 
deponis, that vpoun the ferd day of December, 1607 yeiris, about fyve honris, befoir fupper, the Lord 

1 Hast y. precipitate. Fifty. * Hanging. The Hagtiludium, or ' Barms, ' under the Castle, where, 

for a long series of years, the Tilts and Tournaments had been held. It was situated near what are still called the 
King'* Stables, at the West Port of the city. A midden, or dunghill. 



42&7JAC. VI. CRIMINAL TRIALS. 43 

Maxvell come to Sir James M c coneillis chalmer to pas his tyme, according to his cuftome ; quhair war 
prefent, for the tyme, the Lord Maxwell, Sir James, Young Cloifburne, Robert Maxvell of the Tour, 
William Maxwell of Kirkhous, William Armftrang of the Gingillis ; and efter that the Lord Maxwell 
and his colligis had marchit throuche the chalmer, be way of paftyme, for the tyme, he come to this 
deponar, quha than vas fpeciall kepar of Sir James M c coneill, and haveing put his hand within this 
deponaris fuord gardis, preiffit to haif drawin the famin, hot being impedit be this deponar, the Lord 
Maxvell tuik from William Maxvell his quhinger, and held the Jainin to this deponaris breift, fueiring 
with ane great ayth, that gif he lat nocht the fuord cum, he fuld ftik him with that quhinger. Then 
this deponar, for feir of his lyiff, deliuerit his fuord with the fcabert to the faid Lord Maxvell, and 
thairefter the Lord Maxvell come to James Stewart, his awin keper, and William Armftrang, and tuik 
from thame ilkane of their fuordis ; and gaif ane of the fuordis to Sir James M c coneill, the vther to 
Robert of the Tour, and kepit the thrid to him felf, vtterand thir wordis, f All gud fellowis that luiffis 
me, follow me ! For I fall ather be furthe of the Caftell J)is nycht, or ellis I fall loife my lyiff I* And 
then the Lord Maxvell and his colligis haveing paft furthe of the faid Sir James chalmer, he clofit 
within the famin chalmer, Young Cloilburne, William Armeftrang, James Stewart, and this deponar, 
and fefchynnit the famin dure with the catbande, that thai mycht nocht oppin the famin ; faying, he 
vowit to God, that, ' Gif ony of them fuld cry, he fuld cum bak agane and tak thair lyiffis !' And this 
deponar haveing maid the dure faft within, cryit furth at the Southe vyndow towartis the Weft Port, 
' Treflbun ! Treflbun !' And be that cry the men of the Veft Port come and apprehendit the faid Sir 
James M c Coneill. 

(8.) DEPOSITION of William Armeftrcmg in the Chengillis. 

WILLIAM ARMESTRONG in the Chengillis, of the aige of xxx yeiris, or thairby, mareit, deponis 
conformis immediate preceden. Gulielmo Symfoun, in omnibus ; reddens eandem cauffam fcientie ; 
becaus that famin nycht that the Lord Maxvell and Sir James M c coneill paft furthe of the Caftell of 
Edinburgh, this deponar was prefent in Sir James M c coneillis chalmer, in cumpanie with the Lord 
Maxvell and remanent perfonis foirfaidis, all myrrie be drinking of wyne. This deponar faw the Lord 
Maxvell tak the thrie fuordis from the foirfaidis thre perfonis, and paft furthe of the dure, and clois 
the famin efter him, faying, ' Gif ony of tham cryit, he fuld tak thair lyiffis !' And this deponar was 
ane of tham that was clofit within the chalmer, be the Lord Maxvell ; be reflbune that he refuiflit to ac- 
cumpanie the Lord Maxvell, in broking ward. 

II. DEPOSITIONS taken before the Lords of Privy Council, relative to the 
Treafonable Murder of Sin JAMES JOHNSTONE of that Ilk. 

(9.) DEPOSITION of Sir Robert Maxwell of Spotlit. 

AT Edinburghe, the xxviij day of Aprile, 1608, In prefence of the Lords of Secrete Counfaill. 
SIR ROBERT MAXWELL of Spottis, fworne and examinat vpoun the forme and maner of the Slaugh 
ter of the Laird of Johnftoun, and of the faid Sir Robertis awne cariage and behaviour, in that mater ; 
Deponis as followis : Fir/I., that the Laird of Johnnftoun defyrit the deponar, being in his houfe of 
Lochwood for the tyme, to fpeik the Lord Maxwell, quhen he fand the oportunitie, to fie yf the de 
ponar could mak a good in the materis betuix thame. To quhom the deponar anfuerit, that he wes a 
feiklie man, and had no credite at the Lord Maxwellis hand ; becaus the Lord Maxwell haid evir a 
miflyking of him, becaus he maryed Johnnftones fuller*, And deponis, that he faid to the Laird of 
Johnnftoun, that he had no will to mell in that turne, becaus it wes fo weghtie a mater ; and the Lord 
was a perellous man to haif ado with I And denyis that evir he proponit that mater to the Lord Max 
well, in the Laird of Johnnftonis name, as haveing directioun from him. DEPONIS, that aucht or 
nyne dayis afoir the Slaughter of the Laird of Johnnftoun, the Lord Maxwell fend Edward Maxwell, 



44 CRIMINAL TRIALS. A.D. 1609. 

fone to the Laird of Tynwall, to the deponer, to defyre him to come and fpeik with his lordfhip.' And 
the deponer, miflyking the meffinger, refuifit to gang to my Lord, faying that he flood in that eftait 
that be micht not weill fpeik with him. And yit the principall cans that movit the deponer to refuife 
to go with him, wes the miflyking of the mefiinger, fering that he fould reveill it. Thairefter, that 
fame day, the deponer fend Johnne Maxwell, his awin fervand, to my lord, to vnderftand his 1. will 
and pleafour, and defyre his 1. to fchaw ony thing he had to fay to the faid Johnne, als yf the deponer 
haid bene prefent : And that my lord refuifit to fchaw ony thing to Johnne, quhill he mett with the 
deponer him felff ; and willit Johnne to tell the deponer, that he defyrit to meitt with him at efter 
none. Qohairvpoun the deponer raid to him to Kirkennane hill ; and at thair meeting, my lord fayd 
to the deponar, < Coflne, it wes for this caus I fend for ; ou . 3 fee my eftait and danger I Hand in ; 
and I wald crave 5our counfell and avife, as ane man that tenderis my weill.' To quhom the deponer 
anfnerit, that the mater wes fo far part, as hardlie could he gif bis 1. ane counfaill ; and gif he haid a 
coanfaill, he wald gif him the beft he could. The deponeris opinioun wes, that be fould keipe him 
quiet, and do no thing quhilk micht offend the Kingis Maieftie farder nor he had done ; and that he 
wald more the noblemen, who wer his freindis at Court and Counfell, to report the beft of him to his 
Maieftie and Couufell. And the Deponer fperit at him ' In quhat eftait his 1. and his nichtbouris, the 
Barones of the countrey, flood into ?' His anfuer wes, that he could not weill tell that him felff. 
Vpoun thir fpeiches, thay fell in fpeiking with the Laird of Johnnftoun ; and my lord defyrit to gett 
him knawledge, yf the Laird of Johnnftoun had bene ane platter aganis him, fen thair aggreement ? 
And quhat he micht look for att his handis in tyme comeing ? The Deponeris anfwer wes, that he 
knew no thing of that mater, whill he haid fpokin with Johnnftoun, or gottin his anfuer, in wryte ; and 
at that tyme he could not meete with him, becaus he wes to ryde to Edinburgh for fome of bis awne 
adois. And my lord defyrit the deponer to wryte in his awne name to the Laird, to vnderftand quhat 
certantie my lord micht baif of him. And my lord promeflt to fend to the deponer, in wryte, the headis 
quhairvpoune the deponer fould forme his bill to the Laird, the nixt morneing ; quhilk my lord did. 
And the deponer faid to my lord, ' Yf this be a mater that 5 our 1. thinkis, in 3 our hairte, 50 can tak vp 
and remett to the Laird, I will very willinglie travell in the mater and do the beft I can ; vtherwife, 
I defyre nocht to mell in it.' To quhom my lordis anfuer wes, that of all evillis the leaft wes to be 
tane, feing he had at the Kingis commandment done it alredy. Yf he faw ony willingnes in the Laird 
to do his dewytie to him, he wald willinglie pas it over, and if he reffauit ane reffonnable anfwer of 
the Laird, he wald be content to meete with him, at ony convenient place : And promeft, that he fould 
keepe bonneftlie, for his pairt and thefe that wer with him, providing it war keepit quiet, for boith 
their weillis. AND upoun the morne, the deponer reffanit the headis in a Tickett fent to him to his 
awne houfe ; quhairvpoun my lord defyrit him to wryte to the Laird ; quhilk the deponer thinking 
rniflie, the deponer wryte bak agane to my lord, and fend his Tickett clofit in hes awne Bill, fchaw- 
ing my lord that he wald not deale in that turne, quhill he fpak with his lordfchip, and that he haid the 
Heidis mair cleirlie fett doun. Quhairvpoun my lord write bak to the deponar, and defyrit him to 
meit his lordfchip at the Kirk of Butill : And the deponar comeing thair and miffing my lord, and 
perfaving fouae perfonis attending to meit his lordfchip, the deponer raid away, and wald not meit with 
him at that tyme ; and left ane fervand to tell my lord that he haid bene thair, and was riddin away : 
And that fame nicht, my lord run fit the deponeris man come bak to the deponer, and defyre him to 
meit him, about the fetting of the fone, befyd the place of Butill, at the water fyd ; quhilk the deponar 
did : And the deponer afking of him quhat he meanit be thefe Articles and headis he had fent vnto 
him ? My lord anfwerit, that he wes not a good wreater, and wald not commit the truft of this to ane 
nher ; alwife, his meaning wes, that the deponer fould defyre the Laird to cleir him felff that he had 
not bene a dealer aganis him in tyme bigane, and to lat my lord vnderftand quhat he micht look for 
at his handis in tyme comeing. According to the quhilk, the deponer wryte to the Laird, and get his 



42&7JAC. VI. CRIMINAL TRIALS. 45 

anfwer within tua or thrie nichtis. AND deponis, that he promeift to my lord, yf his lordfchip wer in 
thefe fieldes, that he fould gett his lordfchipis ane (owti) anfuer, and bring it to him ; hot yf his lord 
fchip wes not in thefe fieldis, the deponer fould be in Terriglis vpoun Monunday thairefter, quhair my 
lord fould find him. According to the quhilk, my lord appointit his man, Johne M c brair, to attend 
the deponer at Terriglis ; and efter the deponer lichtit (alighted), Johne M c brair defyrit him to go 
and fpeik with my lord, who attendit him befyd Haliewode. And deponis that thay mett in the wod, 
quhair the deponer lute my lord fee the Lairdis anfwer in wryte ; quhilk he red, and (was) weill con 
tent thairwith. And thairefter, the deponar takand my lordis faithfull promeis, with my lordis hand 
ftrekit in the deponeris handts, that he, nor the man he fould bring with him, fould do no wrang, bot 
keepe honneftlie, quhidder thay aggreit or not, my lord, with the deponer, fett down the tryift to be 
vpoun Wodnifday thairefter, beyond the Houfe of the Beal, betuix thrie and four efter none ; quhair ather 
pairty fould come accumpanyed with one onlie, and na vtheris to be prefent bot the deponer : And my 
lord promeift to bring Robert Maxwell of the Tour with him, or ane vther quhom the deponer fould lyk 
als weill of, for quhom my lord fould be anfuerabill. And, pairting with his lordfchip, the deponer, vpoun 
the morne, raid down to the Laird of Johnnftoun, and tauld him of the appointing of the tryift ; who 
being verie willing to it, and his faithfull promeis to keepe honneftlie, for his pairte, he, with the deponer 
and Willie Johnnftoun of Locurbie, come, vpoun the morne thairefter, agaitward to the tryift, within a 
myle or thairaboute to the place appointit ; and in the way, the Laird fay 1 to the deponer, that quhatevir 
courfe he tooke with the Lord Maxwell, he wald ever referve his dewitie and allegeance to the Kingis 
Ma tie , and that he wald counfell my lord to begyn with Sir Williame Cranftoun, to be at ane point with 
him, that by his meanis and procurement the Erll of Dunbar micht be intreatit to interceid for his lord 
fchip, at the Kingis handis ; and fua, comeing within a myle to the place appointit, the deponer lute 
the Laird fie quhair my lord wes ; and the deponer caufit the Laird ftay thair, and he raid fordward to 
my lord, who wes attending at the place appointit, as faid is, and tauld my lord that the Laird was come, 
according to the appointment ; and that he repofit fo grite traift and confidence in my lord, that he wes 
onlie ryding vpoun ane amling naig ; and that Willie of Lockarbie wes with him and na mae, as his lord 
fchip himfelff faw. And than the deponer of new took my lordeis promeis for keeping of his former 
promeis and credite, and quhilk my lord frielie gaf : And my lord defirit the deponer to tak Charlis Max- 
wellis promeis lykwife, who wes with him ; quhilk the deponer refuifit to do ; and wes verie mii'contit 
(mifcontent ?) that Charlie wes thair. And than my lord promefit to be anfwerable for him. Sua the 
deponer raid bak to the Laird, and broght him fordward, and took the lyk promeis of the Laird that he 
fould be anfwerabill for his man Willie Johnnftoun : And afoir the deponer come from my lord, baith my 
lord and the Laird commandit Charlie Maxwell to ryd af theme, and not to go towardis Willie Johnnftoun. 
And the deponer and the Laird gaf the lyk command and directioun to Willie Johnnftoun to ryd af them, 
and not to go toward Charlie Maxwell. AND fua, my lord, the Laird, and the deponer mett ; and 
mutuall falutatiounis paft betwix thame, and they raid togidder, the deponer in the midis, my lord on 
his left hand, and the Laird on his richt hand ; and efter fome fpeiches, my lord directit his langwage 
to the deponer, and the Laird and the deponer directit thair langwage to my lord ; and ryding thus 
way, and thair bakis to the vther tua, the deponer lookis about and faw Charlie Maxwell go fra the 
place quhair he wes appointit to ftay, directlie towardis Willie Johnnftoun, and efter fome few fpeiches 
betwix thame, quhilk the deponer hard not, the deponer faw Charlie Maxwell fchoote a piftolett at 
Willie Johnnftoun ; quhairvpoun Willie gaf a fchoute and cryed. And thairefter the deponer clappit 
to my lord, and preift to haif tane him be the brydle-renzeis, and, mifling his renzeis, gat ane grip of 
his clok, quhilk he pullit to him and cryed to my lord, < Fy ! my lord ! Mak not <$our felff a Tratour 
and me boith !' To quhom my lord anfuerit, ' I am wytles !' 2 With this, the Laird of Johnnftoun flip- 
pit af 3 the deponer, and wes ryding for relief of his awne man ; and my lord followit him, and behind 
1 For said. * Free of wyte or blame. 3 Slipt or stole away unperceived. 



46 CRIMINAL TRIALS. A.D. 1609. 

his bak, fliot him and raid his way : And the Lairdis horfe making fome flurr, 1 his girdis * brack, 
and the Laird fell ; and efter his fall gat vp agane on his feitt : And Charlie come agane, and offerrit 
findrie flraikis ; bott gat not leare to do any harme. 

ROBERT MAXWALL OF SPOTTIS. 

Tenet cum principal^ J. PRKMROis. 3 
(10.) DEPOSITION of William John/Ion qfLockerby. 
APUD ED, decimo nono Junij, 1609. WITNESSES producitfor preveing of the Secund ReJJbun 

of Treffbun anent the Slaughter of the Lard of Johnejloune. 

WILLIAMS JOHNESTOUN, callit of Lockerbie, of the aige of xl yeiris, or thairby, man-it; deponis, 
that vpoun the fext day of Aprile, the yeir of God 1608, this deponar cumming to the place of Loch- 
vod, about ane efter none, THE LARD OF JOHNESTOUN tuik this deponar to the clois, and faid to him, 
' 3e ar velcum, for I haif ane gritar turne ado with 3ou nor ewir I had befoir this day ; I am to meit 
with the Lord Maxvell, and 56 fall go with me, and loip on vpoun 5 our horfe, and raik fordwart to 
Lytill Lochwod, quhill I owirtak 3ow, and let nane ken quhair 36 ar rydand to.' Immediatlie thair- 
efter the Lard of Johnefloun and Sir Robert Maxvcll of Spottis owirtuik this deponar within ane 
myle from the Lochwod ; and thei raid altogidder towartis the place appoyntit, quhill thai come to the 
Cowart-croce, qnhilk was within a myle qubair THE LORD MAXVELL and Charlis Maxvell was huif- 
fand * on horfbak togidder. Then Sir Robert Maxvell directit the Lard of Johneftoun and this depo 
nar to ftay thair, quhill his returne to thame, or ellis that he gif thame ane fiug to cum fordwart, quhilk 
was be haldin vp of his nepkyn vpoun his wand end. 5 Schortlie thaireftir Sir Robert Maxvell cum 
ming from the Lord Maxvell, about the mydway betwix the faidis pairteis, the faid Sir Robert held 
vp his nepkyn vpoun his wand end ; and vpoun that finge the Lard of Johnefloun and this deponar 
raid fordvart to the faid Sir Robert. At thair meting the faid Sir Robert Ihew to the Lard of Johne- 
lloun, that the Lord Maxvell, accumpaneit with Charlie Maxvell allane, war awayting vpoun thair 
cumming, and that the Lord Maxvell inquyrit of Sir Robert quho vas with the Lard of Johnefloun ? 
The quhilk Sir Robert anfuerit, that he had tauld to the faid Lord Maxvell, that this deponar was 
onlie in cnmpanie with the Lard of Johnefloun ; and that the Lard of Johnefloun, for fecrecie of the 
tryfl, was rydand vpoun ane naig, and had left his bell hors behind him. Then the Lard of Johne 
floun anfuerit, that he was weill content that Charlis Maxvell vas rather thair nor ony vther, be ref- 
aoun he was Johne Murray of Cokpullis fifler-fone ; and at that famyn tyme, Sir Robert tauld to the 
faid Lard of Johnefloun, that he had tane the Lord Maxvellis ayth and promeis, vponn his fayth and 
honour, that he fuld meit fair-He, and depairt fairlie. And that the Lord Maxvell defyrit the faid Sir 
Robert to tak Charlis ayth thair vpoun ; the quhilk Sir Robert refill it to do, faying, that ' be wald haif 
na promeis hot the Lord Maxvellis awin promeis for his man.' Lyk as, at that famin tyme, Sir 
Robert tuik the Lard of Johneflonis ayth and promeis, be his hand laid in his, that he fuld meit fairlie 
and depairt fairlie with the Lord Maxvell, quhidder thai aggreit or nocht. Immediatlie thairefter Sir 
Robert raid to the Lord Maxvell, the Lard of Johnefloun and this deponar followand adreiche ; 6 and 
thaireftir, Sir Robert haveing an fhort fpace fpokin with the Lord Maxvell, they turnit towartis the 
Lard of Johneftoune, and the Lard of Johnefloune towartis thame ; and eftir falutatioun, the Lord 
Maxvell, the Lard of Johnefloune, and Sir Robert, raid togidder to and fro, the faid Sir Robert being 
hi the myddis ; hot quhat thai fpak togiddir kennis nocht, be reflbune the faid Charlis and this deponar 
ftayit about ane pair of but-landis, or tbairby, from thame, as Sir Robert Maxvell had directit tham 
of before : And fchortlie eftir that the faid Charlis and this deponar had flayit pairt and findrie, 7 the 
faid Charlis Maxvell ciimmis firfl to this deponar, and faid to this deponar, ' Gif I had knawin of this 
tryift, the Lord Maxvell nather culd nor fuld haif brocht me heir.' The deponar anfuerit, I hoip in 

1 Growing rest! VP. Girths. Clerk to the Privy Council. 4 Riding ; literally, hoofing. 

1 The i-n.l or point of his riding switch. Leisurely, loiteringly. ' Apart and separate, or asunder. 



42 & 7 JAC. VI. CRIMINAL TRIALS. 47 

God, Charlis, 30 fall nocht rew of 3 our cumming beir I For fir twa noble men hes bene lang in variance, 
and I hoip now fai fall aggrie.' Then Charlis anfuerit, that < The Lard of Johnftoune was nocht able 
to mak ane amendis, for the great fkayth and injurie he had done to tham !' This deponar anfuerit, 
that < The Lard vald cum in vill, and do to his powar to fatisfie the Lord and his freyndis.' Charlis 
anfuerit, that < The faid thryift was onlie maid to the prejudice of the faid Charlis and his freyndis, for 
that man' (luikand towartis the Lard of Johneftoune) ' had focht his wraik ; and thairfoir we fuld nocht 
haif met 3ow, for 36 ar all Traitouris !' The deponar anfuerit, ' Charlis, fay quhat 30 will pis day, I 
will mak no anfuer thairto, be reffbune of my maifleris promeis.' Then Charlis faid, that 3e ar all 
Tratouris ! be reffoun 56 flew Francie of Carlile vnder treft.' Then this deponar anfuerit, ' Say quhat 
30 will this day, I will gif 3ow na anfuer; bot within ane day or twa, gif 36 will fend sour man to me, 
J fall fatisfie 3ow.' And incontinent vpoun that laft fpeiche Charlis fchott ane piftolet at this depo 
nar, and fhoit him throuche the cloik ; and than this deponar preiflit to haif flioit his awin piftolett, 
and it mifgaif, cryand ' Treafibun !' And the Lard, vpoun that cry, raikit fordvart from the Lord 
Maxvell ; and then the Lord Maxvell, with his piftolett, fhoit at the Laird of Johneftoun behind his 
bak ; at the quhilk fhoit the Lard fhortlie thaireftir fell, and incontinent Charlis fhoit ane vther fhoit 
at the Lard and this deponar, being bayth ftanding togidder : And this deponar, preiffand to haif put 
the Lard vpoun this deponaris meir, quha throuche waiknes vas vnhable to loup on, the deponar fett 
the Lard vpoun the grund ; and the deponar balding the Lard vp, and inquyring quhat he had to fay, 
the Lard luikand vp to hevins and faid, ' Lord haif mercie on me ! Chryft haif mercie on me I I am 
diflavit.' Then the Lord Maxvell cryit to Charlis, ' Cum away.' Then the faid Charlis anfuerit, 
* My Lord, will 36 ryid away, and leif this bludie theif behind 3ou ?' Then the Lord anfuerit, ' Quhat 
rak of him for the vther hes anewche ! ' And then thai bayth raid away togidder. 

III. (11.) CONTEMPORARY NARRATIVE of the Efcape of LORD MAXWELL 
and SIR JAMES MAKONEILL^OTW the Co/lie of Edinburgh^ taken from MS. 
Hiflory of Scotland. 1 

Now, my Lord Maxwell being put in ward, in the Caftell of Exlinbrughe, and nocht feing how he 
was to be releiffit, dewyflis with Schir James M c Coneill and Robert Maxwell of Dinwiddie, quhat 
way he and thay mycht efcheap. And on the fourt of December, he callis ane gritt number of the 
Keiparis of the Caftell into his chalmer, quhair he drinkis theme all fow ; 2 and defyring quhilk of 
thame voir the beft fuord, he gaif ane fuord to Schir James M c Coneill, and heaffand ane him felff, 
drawls to the Chalmer dur and lokis them all in. And thay thrie paffis fordwartt to the 3ett, quhilk 
he had cauffit ane feruand of his to keip the 3ett fra nocht cuming to ; 3 bot the porterris, nocht being 
willing to lett thame go, maid refiftance : Bot my Lord Maxwell, being refolwit to depairtt, ftrak the 
Maifter porter, and wondis him in his airme ; and alfo findrie of the reft ; and ane woman, that maid 
fum refiftance, thay hurtt alfo : And vinnand out at the inner-3ett, he lopis the wall. Schir James, 
heaffand the irnis 4 on him, he, lowpand the toun wall, hurttis his leg; quhairby he was nocht abill to 
fteir ; and fo was tane and brocht bak in the Caftell. Bot the Lord Maxwell, heaffand horfe prepairitt, 
raid his wayis, and Robert Maxwell of Dunwody with him. Quhairat the King was werray far 
offenditt ; and maid Proclamatioune, that nane fouJd refett him, wnder the payne of deathe. Bot 
Maxwell remaynand in the cuntry, thocht thatt the Laird of Johneftoun had the wyt of all his trubill : 
And feing that thair was (na) meanis to gett the Kingis gude will, bot be the Laird of Johneftoune 
moyane, quha had flayne his fader, as 36 have hard, and had cauffit the King compell him to tak him 
be the hand, he was in ane grit reade aganis the Lard of Johneftoune, bot buir the fame within him 
felff. And on the wther pairt, the Laird of Johneftoune, thinking that this wes the beft tyme to 

1 Advocates' Library, A. <t. 35. * Drunk, intoxicated. 3 From closing or shutting. 4 Fetters. 



48 CRIMINAL TRIALS. A.D. 1609. 

winne the bairtt of my Lord Maxwell, giff (be) his meanis and trawell he mycht purches his Maieftyis 
gude will to bis lordfchip : Quhairwpone, he fendis to Schir Robert Maxwell of Orcbortt-toune, kny', 
qaba had mareyit the Laird of Johneftonis fifter, as, alfo, Johneftoun had roarcyit his fifter, to trawell 
with Maxwell, to fie gif he wald fpeik with him : And qnhat he wald direct him, in that turne, he wald 
do to the wttirmeft of his power. The qnhilk the faid Schir Robert did, and brocht thame to ane 
meitting, the fext day of Apryll, the 3eir of God 1608; and Chairlly Maxwell with my Lord, and 
VVilliame Johneftoun of Lochirbie with the Laird of Johneftoun. Thay mett on the hill befyde the 
pleace of Ellifcheillis, the faid Schir Robert being with thame ; quhair thay, being mett, the tua fer- 
wandis rydis a pairt off thame, leaffand my Lord and the Laird and Schir Robert; bot, or euer thay 
had conferrit ony fpeace, the tua ferwandis tall is in wordis, and alfo in fchottis of piftollattis, the fame 
cuming be this Cbairlly Maxwellia motioune : The quhilk, quhen the nobill menne feis, Johneftoun 
cryis, ' Fy ! Red I ' l and fpurris to thame. And my Lord, being ryding with piftollattis, cumis behind 
Johneftonn and fchnttis him throw the hartt, quhairof he fallis : And yit his curradge maid him to draw 
bis fuord ; bot being fchott neir to the hairtt, be fallis deid. The Lord Maxwell, feing him fallyn deid, 
giffis him na ma ftraikis, bot rydis his wayis. Bot albeit he had gottin his lyff, jit he gat the fame with 
fcbame, it being gottin wnder tryfting. Quhairfor the King eftemeit the fame as Treflbun, being done 
vnder tryft. 

IV. LETTERsyrow THE KING and Privy Council of Scotland relative to 

LORD MAXWELL. 

(12.) LETTER/rom THE KING to THE PRIVY COUNCIL OF SCOTLAND, as to the efcape of Lord 

Maxwell from tJie Cajlle of Edinburgh? 

RICHT truftie and weilbelouit coufingis and counfallouris, We greitt 3011 weelle. The leatt ef cheap 
of THE LORD MAXWELL furth of our Caftell of Edinburgh, haveing gevein to ws moir nor juft cans 
of difcontyntmcnt at his foly, We have thocht meitt heirby to direct jow how to proceid aganes him. 
And firft, We will this Proclamatioun, heirwith fent, to be publeifTed at all placeis neidfull ; and that 
;ou- ]>airefter tak ordour for tryall of all refieattares and fuppleares, and cans the extreametie of the law 
to be profequit aganes thame. And alfo 5011 fall, upon refiait heirof, prefentlie fend chairges of Tref- 
loune, for the randering of his Caftellis and houffis, and jou fall put garefounes and keiparis in everie 
one of the fame, to be interteined vpon the rentis belonging to the houflis, wnto fuch tyme as We doe 
tak farder ordour thairwith. And als, our will is, that 3ou give particular directioune to fuche as fall 
reflave the Caftell of Lochraabene, that thay mak delyverie of the fame to our rycht truftie coifing 
and connfallonr the Erll of Dumbar, or to ony wther quhome the faid Erll of Dumbar fall direct, with 
our wther Warrand, for reflaveing J>airof. Furthermore, 3ou fall caus chairge the principallis of the 
faid Lord Maxwell his name and followaris, being ony way men of mark, to find cautione and fuertie, 
wnder gritt pecuniall panes, that thay fall noway refiaitt, fupplie, nor intercommoune with him. 3ou 
fall in lyk maner geve fpeciall ordour to our garifoune, wnder the Lord of Scones command, and als 
to that wther, wnder Sir W m Cranftounes chairge, that thay mak fpeciall fearche, for the faid Lord 
Maxwell his taking and apprehending. And heirof, willing 3ou to be cairfull, and to omit nothing that 
may haiften ane exempler pwneiihrnent vpon him, for his prowd contempt, We bid 3ow fairwelle. 
FROM our Court at ROYSTOUNE, this 14 of Dec. 1607. [JAMES R.] 

To our rycht truftie and weilbeloveit coufingis and Counfallouris, the Erll of 
Dnmfennling, our Chancellar and remanent Lordis and otheris of our PRI VIE 
COUNSALL in that our Kingdome of SCOTLAND. 

1 Agree ; separate ; make up your quarrel. * From a Collection of State Papers formed by the first Earl of 

Hadington (at that time Sir Thomas Hamilton), preserved in the General Register House. 



42&7JAC. VI. CRIMINAL TRIALS. 49 

(13.) LETTER from Sir Thomas Hamilton to the King. 1 
Pleafe your moft facred Maieftie, 

KNOWING that your Maieftie will exfpect and requyre of me ane difchairge of my dewtie, in per 
forming your Maiefties commandement, geuin for perfewing the LORD MAXUELL and SIR JAMES 
MAKONEILL, for thair treafonabill breaking wairde furth of your hienes Caftell of Edinburgh, becaus 
I have hard that fum, whois opinion may have place in fum of the circumftances of thair tryell, inclynes 
to juge, that, vnles the crymes for the whilk thay wer imprifoned have bene treafonabill, that thair 
break of wairde can not import Treafoun, I have bene the more folift to inquyre of thair vther offenfis, 
which may be found treafonabill of the law : And albeit the Examination and re-examination of Sir 
James Makoneill I have bad fmall aduantage, in refpect of his refolution to deny all the poyntis of his 
crymes, at the Slauchter of his vncle, and taking of his parentis, whilkis might infer Treafoun ; yet I 
hope that fufficient information fall verie fchortlie cum, of the trewth of his moft heynous and vnnatu- 
rall factis, from thofe to whom my Lord Chancelar hes writtin, to that effect. As to the Lord Max- 
uell, I have hard of his raifing of fyre at Dalfibbill, whan he flew Willie Johneftoun, callit of Efchie- 
fchiellis and ane vther Johneftoun ; bot becaus he hes fenfyne had the honour to be admitted to your 
Royall prefence, I wald not prefume to fummond him for that fact, whill firft I fould knaw your Ma- 
iefteis mynde thairanent ; the knaulege whairof fall lead me to proceid or defift. The progres of the 
Commiffionars at the mynes 2 1 hope your Maieftie hes bard from thamefelfis, and what I know 1 have 
writtin to my Lord of Dumbar ; becaus I fand him moft defyrous to vnderftand the fucces of that 
whilk concernit your Maiefties feruice and contentment. Swa, attending moft humblie your Maiefties 
farder pleafour for my directioun, I pray God long to blefle ws with the continuance of your moft 
gracious regne, and your Maieftie with all honour and wified contentment. ED% this 28 Januar, 1608. 
Your moft facred Maiefties moft humbill and bundin feruand, 

S. TH. HAMILTON. 

(14.) LETTER from THE KING to the Privy Council to apprehend Lord Maxwell. 3 
RIGHT truftie and veilbeloveit coufines and Counfallouris, We great 5ow weell. We ar informed 
that, notwithftanding of the treflbnable fact committit be the Lord Maxwell in efchaiping fourth of our 
Caftell of Edinburghe, and in forceing and hurting of the keipares and poirtaris of the fame, and of 
our fpeciall commandis and Proclamatiounes fend doune for his taking and apprehending, that, never- 
theles, in plane contempt of our authoritie, that he oppinley travellis throuche the countrie, accumpa- 
neid with no fewar than twentie horfe, and hes mead his repaire, at fyndrie tymes, to our burgh of 
Drumfreis ; quhiche infolence is no way tollerabill, and fkairfe excuftabill one 3 our pairtis, thatony of 
our declarit tratouris fould affume to theme felffis fo mutche libertie, without controlment. Andthair- 
foir, our pleafour and will is, that vpoun reftait heirof, sow direct that our Gaird, wnder the command 
of the Lord of Scoone, to repair to the burghe of Dumfreis, and thare, with that Gaird, wnder Sir W a 
Cranftounes chairge, to make a prefent diligent fearche for the faid Lord Maxwell, and either to appre 
hend him or put him out of thoife boundis. Thairwith alfo the Baillies of Drumfreis wald be chairgit 
to compeir befoir 50W, and if 3ow can try any thing of thair knawledge of the faid Lord Maxwellis 
being in thair toune, We ar to will 5ow to inflict ane exemplare pwneifhment vpone thame, baith by 
fynning and wairding. And als, 3ow ar to proceid in rigoure, according to the warrant of our lawis 
aganes all refleattares and accompaniaris of the faid Lord, that fo wtheris may be affrayed frome coming 
within the compas of the lyk contempe. And, remitting thofe matteris to 3 our fpeciall cair, We bid 
3ow fairweill. AT our Palice of QUHYTHALL, the 2 of Feb ri J, 1608. [JAMES R.] 

1 From the original, preserved among the Denmylne MSS. Adv. Library. * At this period the King was 

deluding himself as to the discovery of silver mines, &c. * From Hadington MS. General Register House. 

VOL. III. G 



50 CRIMINAL TRIALS. A.D. 1609- 

(15.) EXTRACT /ram Letter, the Privy Council to the King, 1 relative to Lord Maxwell, %c. 

MOIST SACREID SOVERAGNE, 

WE have hard, to our gritt greiff and furrow, by the report of 3 our Ma. Secretare and be the In- 
flructiounes committit be 5our moift facred Ma. to his credeit, how far 3our hienes is difcontented 
with the governament of this Eftaitt, as of the haill miflbrdouris and accidentis that fallis out heir. . . . 

As to the particular profcquuting of the Lord Maxwellis refiettares, thair is a nwtnber of thame 
callit, fynned, and wairdit. The reft ar fummondid to particular dyettis, and falbe pwneifchid. As 
to the particular Slauchter of Cowhill, that feid is weall knawin to 3our Ma Ue , and no complent of it 
maid by ony to the Counfall, and thefe brether of Kirkhoufe had alwyis favour, bot not for the Coun- 
lall ; and the committer of it is come in England. And quhairas 3 our Ma. is informed, that thefe who 
wer appoynted to profequut the Lord Maxwell hes keipit companie with him, theafe that hes com- 
mandement of 5 our Ma 8 Gnairdis humlie craves tryall of that calumnie ; as alfua, that that Cove, 
quhilk is the allegit place of his reffeat, may be defigned ; for we cannot find any countrie man that 
knawis any place in Nithifdaill or Galloway that careyis that name 

The tryall of that royat, at Drumfres, wes wndcr tryall befoir 3 our Ma. directionne cam, and falbe 
profequuted with all regour. 

The buriall of the Lord Maxwall wes a calumnie quhairwith many mo (than) 3our Ma. is impor 
tuned ; for he lyis dill wnburied quhair he wes. And lykwayis the ilauchter of Johneftoune of How- 
gill ves alyk falfe. 8 

AL. CANCELU. LOTHEANE. VCIIILTRIE. BALMERINOCH. SCONE. HAURUDHOUS. 
S. T. HAUILTOUNE. HKLT.IK. COMPTROLLER. Jo. PRESTOOX. 

(16.) LETTER, the Privy Council to the King, for Infiructiones. 5 

MOST GRACIOUS SOUERANE, 

ACCORDING to 3oure Maiefteis directioun, We wryte for the Laird of Johnnftoun, his moder and 
goode dame, to vnderftand of thame, gif thay wald perfift in the perfute of that Petitioun, exhibite vnto 
5 our Maieflie in thair names, whairby thay craved inftice to be execute vpoun the fforfeyted Lord 
Maxwell, for the Slauchter of the laite Laird of Johnnftoun ? Thay come all to this burgh, and the 
Laird of Johnnftoun, with his moder and Tutour, prefentit thame felffis before ws, and declairit that 
thay wald infill in that perfute and profequutioun of that mater, according to the tennour of thair 
Petitioun. The auld Lady Johnnftoun, through feiknes and inhabilitie of hir perfone, being vnable to 
compeir before ws, haueing, with grite difficultie, come to this burgh for this fame errand, we directit 
and fend the Biihop of Caithnes, the Lord Kildrymmie and Lord Preuey Scale to hir, to vnderftand 
hir will and pleafoure in this mater ; vnto qnhome fcho declairit, that fcho come heir purpofelie for that 
mater, and that fcho wald infill, accoirding to the tennour of the Petitioun ; fua that now thair reft is no 
farder bot 5oure Maiefteis will and pleafoure to be declairit, quhat forder 5oure Maieftie will haif to 
be done; wherein, althoght the conclufione of 3oure Maiefteis Lettre beiris, that we fould proceid to 
the adminillratioun of iuftice, 5^1, in refpect of a worde caflin in the preface of the Lettre, beiring 
that 5our Maieftie had not as 3111 gevin a direct anfuer to thair Petitioun, we haif prefomed, firft, to 
acquent 3 our Maieftie afoir we proceid ony forder ; and whateuir it fall pleis 3 our Maieftie to direct, 
in this mater, falbe immediatlie and without delay execute. Thair was a Petitioun gevin in this day 
vnto ws be Robert Maxwell, bruthir to the faid laite Lord, with fome offeris to the pairtie ; bot, becaus 
the mater concernit not ws, we wald not mell tbairin ; alwyfe, we baif heirwith fend the fame to 3oure 

' From the Hadington MS. General Register House. The remainder of the Letter (which is very long) relates 
to a great variety of subjects, entirely unconnected with each other. * The date of this Letter is omitted, but it 

must be between Apr. 28 and May 9, 1608. From Original Denmylne MSS. Advocate*' Library. 



42 & 7 JAC. VI. CRIMINAL TRIALS. 51 

Maieftie, to be confiddcrit of as 3 our Maieftie fall think goode. So, praying God to blifle your Maief- 
tie with all happynes and felicitie, we reft 

ED R , 28 Aprile, 1613. 3our Maiefteis maift obedant fubiectis and feruitouris, 

AL. CAVCELL S . HAMILTON. MAR. GLENCAIRNE. ALEX R HAY. LINLT T GW. GLASGOW. KINGORNE. 
To THE KING his moft facred and excellent Maieftie. 

V. (17.) OFFERS OF SUBMISSION by LORD MAXWELL^?- the Settlement of all 
differences between him and thefurviving relatives of Sin JAMES JOHNSTONE 
of that Ilk, knight. 1 

THIR OFFERRIS following av maid be me, Johnne, fumtyme Lord Maxwell, for my felff, and in 
name of my kyn and freindis, to , now Laird Johnftoun, and his Tutouris and Curatouris, 

Dame Sara Maxwell Ladie Johnftoun, 3ounger for the tyme, his mother, Dame Margaret Scott Ladie 
Johnftoun, elder, his guddame, and to thair kyn and freindes, for the vnhappie Slauchter of vmq le Schir 
James Johnftoun of that Ilk, kny 1 , committit be me. 

IN THE FIRST, I humblie confes my offens to God, the Kingis Maieftie, and to the foirfaidis per- 
fones, forthefaid vnhappie flauchtir, and declairis my felff to be maift penitent thairfoir; craveing firft, 
mercie at the Almichty God for the fame, nixt, favour and grace of the Kingis Ma tie , my fouerane 
lord, and forgifnes of the great offens done to the foirfaidis perfones ; teftifeing be my foleme aith, vpone 
my faluatioun and condempnatioun, that the foirfaid vnhappie flauchter was nawayis committit be me 
vpone foirthocht fellonie or fett purpois, hot vpone meir accident : Lyk as, for cleiring thairof, I am 
content to purge my felff be my greit aith in publict, quhair it pleiflis the parteis to appoint, and do 
quhat farder homage falbe thocht expedient. 

SECUNDLIE, I am content, not onlie for my felff, hot for my haill kyn and freindis, to forgiff the 
flauchter of vmq le Johnne Lord Maxwell, my fathir, committit be the faid vmq le Laird of Johnneftoun 
and his complices, and to mak all perfones quha wesather gyltie, culpabill, or airt and pairt of the faid 
flauchter, in fecuritie thairfoir, fua that thai nor nane of thame fall nevir be trublit for the fame be me, 
nor be nane of my kyn and freindis, directly nor indirectly, in tyme cuming ; and, for that effect, fall 
mak fik forme of fecuritie as fall agrie with reafoun. 

THRIDLIE, becaus .... Johnnftoun, dochter to the faid vmq le Sir James, wes, by the fuddant and 
vnhappie Slauchter of hir faid vmq le father, left vnprovydit of ane fufficient tocher, and for the better 
avoyding of all inimitie that may arryfe betuix the houflis of Maxwell and Johnftoun, and for mair 
fuir eftablifching of freindfchip amangis thame in tyme cuming, I am content to marie and tak to my 
wyffe the faid , without ony tochir. 

FOURTLIE, I defyre that the Laird of Johnftoun may be mareit to Dame .... Maxwell, eldeft 
dochtir to Johne Lord Hereis, and fifter dochtir to me, quha is a perfon of lyke aige with the Laird 
of Johnftone. Lyk as, I falbe obleift to pay to the faid Laird of Johnftoun, in name of tochir with my 
faid fifter dochtir, tuentie thowfand merk Scottis ; and quhat farder falbe thocht expedient, be the ficht 
of freindis. 

FYIFTLIE and laft, I am content, for the farder fatisfactioun of the houfe of Johnftoun, to be Ba- 
nifchit his Maiefteis dominions, for the fpace of fevin 5eiris, and farder at the will and plefour of the 
Laird of Johnftoun. 

Thir Offeris to be augmentit, at the ficht and difcretioun of newtrall freindis, to be chofyn to that 
effect. Vnder proteftatioun alwayis, that thir Offerris befoir wryttin, maid vnto the pairtie, be nawayis 
offenfiue to the Kingis Maieftie, nor to his hienes Counfall. 

1 From Sir James Balfour's MS. Collections, Advocates' Library. 



52 CRIMINAL TRIALS. A.D. 1609. 

VI. (18.) SUPPLICATION by ROBERT MAXWELL, brother to John, fometime 
Lord Maxwell, to THE LORDS OF PRIVY COUNCIL, to intercede with THE 
KING, and with the private profecutors, $c. 1 

MY LORDIS OF COUNSAILL, vnto 3<>ur 1. humblie menis and fchawis 3<>ur 1. fervitour, Robert 
Maxwell, brothir to Johnne, fumtyme Lord Maxwell : That quhair, it is not vnknawin to 3001 1. the 
miferabill eftait of my faid brotbir, be the offences committit be him, to his God, the Kingis Maieftie, to 
the Marques of Hammiltoun and that name, and to the Laird of Johnneftoun and his freindis, befyde 
manifald vf eris mifbehaviouris ; for f e quhilkis (being now, throw his miferabill eftait, brocht to fe 
knawlege fairof) he inoift humblie cravis mercie of God, favour and grace of his Maieftie his Prince, 
and forgifnes of his offence done to the Marques of Hammiltoun and his freindis, and to the Laird of 
Jobnneftonn and his freindis : Lyk as, for cleiring of his penitencie for f e offence committit be him in 
Slaughter of ]>e Laird of Johnneftoun, he, with all humbilnes of mynd, is maift willing to mak fatis- 
factionne to the pairtie ; vnder proteftatioun, that the offer of fatisfactioun to ]>< pairtie fuld nawayis be 
offenfive to his Ma 1 * 8 nor 5our 1. And his haill freindis haifing, for'f at effect, caufet pen certane Offeris 
in his name, to haif bene prefentit to the Laird of Johnneftoun, his mof ir, and guddame, and for pre- 
fenting tbairof, haifing defyrit and eirniftlie entreitit certane of f e Miniftrie of Ed r , and fum of the 
Bifcbopis to haif prefentit the fame ; thai and all v]>er men of qualitie lies alluterlie refuifit f e fame, 
without J>ai had 3 our 1. Warrand for fat effect : Sa fat now pair reftis na menis quhairby fe Offeris 
may cum to fe pairteis handis, except 3 our (1.) will athir appoint fum perfones to prefentthe fame, or 
vferwayis that 3 our (1.) wald convene J>e pairtie befoir 3 our 1., that fe fame, in 3 our 1. audiens, may 
(be) red and delyuerit to fame. HEIRFOIR, I maift humblie befeik 3 our (1.) to haif confideratioun of 
fe premifies, and fat 5our 1. wald gif directioun to fum of f e Miniftrie of f is burgh to prefent f e faid 
Offerris, or vferwayes, that 3 our (1.) wald call fe pairtie in 3 our prefens, to fe effect foirfaid. And 
ficlyk, that it micht pleis 3our 1. to acquent f e Kingis Maieftie, our fouerane, of fe willingnes of my 
brof er, boijh to fatisfie f e pairteis offendit, and maift humblie, and with all dewtifull obediens, to fub- 
mit him felff in his Maiefteis handis : And 50111- 1. anfuer. 

VII. NOTICES relative to LORD MAXWELL'S EXECUTION, his behaviour and 
dying Confejfions on the Scaffold, 8$c. 

(19.) ACCOUNT taken from the Denmylne MSS.* 

VPOUN the xviij of this monethe adverteifment being maid be the babies of Ed r to the late Lord 
Maxvell, that vpoun the nixt Fryday, xxj of this Maij, juftice wes to be executed vpon him, at the 
mercat croce of this burghe of Edinburghe, and he willed to prepair his confcience and difpofe him 
felff to die, he profeffit to thame his willingnes to abyde the pleafour of God and his Prince, and 
obtenit Licence of the Counfall that fuche ane number of his freindis micht haue accefie to fpeik with 
him, as he fuld requyre, by name. He had dinerfe conferences with findrie of them, in prefens of ane 
of the Baltics, hot refnifled to refiaue ony affiftance or confort from the Minifteris, profefling him felff 
not to be of tbair Religionn, bot ane Catholik Romane ; wherby, it being foirfene be the bal3 ies of the 
toun and wtheris, that gif he fuld at his death enter in any difcourfe of that fubiect befoir the people, 
it micht breid offence and fclander, he wes defyrit, and yelded to bind him felff, be promeis, to forbeare 
at his death all mentioun of his particular opinioun of Religioun, except the profeflioun of Criftianitie ; 
whiche he fenfyne repented, as he declared to the baljies, when they wer bringing him to the fcaffald, 
whare he declared that as he had in 11 lie defernit his death, fo he wes reddie patient lie to fuffer it, alk- 
ing mercie of God for his finnis, and hartlie wifhing that his Maieftie micht be gratiouflie pleafed to 

1 From the Denmylne MSS., Advocates' Library. * Advocates' Library. 



42&7JAC. VI. CRIMINAL TRIALS. 53 

accept his lyf and blood as ane different 1 punifhment of his offences ; and to relent, and remoue his 
wrathe from his brother and hous, being pleifled to reilore his brother to the rank and place of his 
predeceffoure, where he micht, and, as he hoped, wald, do his Maieftie guid and faithfull feruice, as 
his foirbearis had done to his Maiefties Royall progenitouris. Nixt, he alkit forgiuenes of the Laird 
of Johneftoun, his mother, grandmother and freindis, acknawelegeing the wrong and harme done to 
theme, with proteftatioun that it wes without diflionour or infamie (for the worldlie pairt of it for i'o 
wer thefe his wordis reported to me.) He lykwayis crawed pardoun of Polloke, Calderwode, and his 
wther freindis, being prefent, acknoweleging, that whare as he was borne to haue bene authour of thair 
honour and faiftie, he had procured to thame hairme and difcredit. And then he retired him felffneir 
the block, and maid his prayeris to God ; which being ended, he tuike his live of his freindis, and of the 
babies of the toun ; and, fuffering his eyes to be covered with ane handcourchef, offered his head to 
the axe, and fuffered deathe, the xxj of Maij, at four a cloke in the efternone. 
(20.) NOTICE from Minutes of the Privy Council? 

MAIJ 18, 1613. Ane Warrand paft and exped to the Proueft and Baljies of Edinburghe, to tak 
the lait Lord Maxuell to thair mercat croce, vpoun the xxj of this inltant, and thair to caus ilrik his 
head from his body. The delay of tua dayis wes thocht meit to be grantit, to the effect he micht haue 
leafer to be refolued ; and that the Minifteris micht haue tyme to confer with him, for his better 
refolutioun. 

(21.) NOTICE preferved by Calderwood. 3 

THE Lord Maxwell was beheaded at the mercate crofle of Edinburgh, betuixt three and four after 
noone. He died confortleffe, having none of the Miniftrie prefent to pray for him, or make exhorta 
tion to him or the people. He defired them not, neither was he content to receave informations from 
them tuiching his Religione. This executione was procured be the Laird of Johnftons friends, fpecially 
be Sir Robert Ker, Erie of Rochefter, the chief guider of the Court at that time. Papifts, neverthe- 
lefs, tooke boldnefs to profefle their Religione, in fundry parts of the country ; for it was well known 
to them, that Maxwell fuffered not for his Papiftry. 

(22.) NOTICE by Sir James Balfour.* 

THE 21 day of this mounth, Johne Lord Maxwell of Caerlauerock, was takin from the Tolbuith of 
Edinburghe to the mercat Crofle of the fame, quher, on a fcaffold, he had his head chopped offe from 
his bodey, for the ilanghter of the Laird of Jhonilone. 



Jun. 28. HENRIE BLAK, Capitane of the Caftell of Kirkwall (Orkney), 
William Kirknes, Robert Hammiltoun, Williame Dauidfouri, 
alias Lieriecoh, Magnus Bankis, alias Johnneftoun, Ar d Dun- 
das, Magnus Draver, Gilbert Brabner, fudartis, 5 and keiparis 
of the hous of Grenecroft ; Johnne Reid in Selfkarie, Gilbert 
Blak in Farray, Malcolme Mowat in Etha, and James Mowat, 
thair. 

Dilaitit of airt and pairt of the Slauchter of vmq le Donald Grote, (of Wairis,) 
Walter Grote, and James Stewin, all in Duncanifbey. 

1 Sufficient ? 2 Minutes of Privy Council Proceedings, Denmylne MS/S., Adv. Library. 

3 MS. Church History, Adv. Library. * Balf. Ann. II. 42. 5 Soldiers. 



54 CRIMINAL TRIALS. A.D. 1609- 

Williame Sinclair of Etha, oftymes callit, as cautioner for repoirting the Let- 
teris duelie execute and indorfate and perfewing thairof, purcheft be Margaret 
Grote, the relict of vmq le Donald, Malcolme, his fone, Johnne Grote, brother to 
vmq le Walter, and Allafter Stewin, as brother-fone to vmq le James Stewin. 

Compeirit Mr Johnne Manlbun, feruitour to my Lord of Kathnes (Caithness), 
and producet ane Warrand of the Lordis of Secreit Counfall, anent the deferting 
of this dyet ; quhairof the tennour followis. 

JUSTICE, Juftice clerk and 5our deputis. Forfamekill as the xxviij day of Junij inftant is ap- 
poiotit to Henrie Blak, Malcolme Mowat, Williame Kirknes, and certane vj>eris pair complices, ten- 
nentis and fervandis to be ERLE OF ORKNAY, for pair compeirance befoir 3ow, to vnderly the law for 
be Murthour of vmq le Donald Grote of Wairis, and fum vtheris, tennentis and fervandis to be ERLE 
OF CAITHNES : And feing, all differences and queftiones (landing betuix the faidis Erles of Orknay 
and Caithnes ar reconfiliat and agreit, except be faid Murthour, the perfute quhairof, be baith the 
faidis Erles confentis, is continewit to ane vber dyet, to be perfewit, aber befoir be Juftice or his de 
putis in the bur 1 of Ed r , or in Caithnes. Thairfoir, theas ar to command ^ow to defert be faid dyet, 
and defift fra all proceiding bairin ; difpeufing with the perfonall compeirance of be pairtie. Quhair- 
anent thir prefentis falbe 5 our Warrand. Subfcryuit with our handis, ATT ED R , be xxvij day of Junij, 

1609. AL. CANCELL RIU8 . DUMBAR. 

The Juftice Defertit the faid dyet : Quhairvpoune the laid Mr Johnne alkit 
iiiftrumentis ; and proteftit for the faid Williame Sinclair of Etha, his releif of 
his cautionerie ; quhilk the Juftice admittit. 



tlje $lare of iltttlestll &laujjljtet' 
$or0e anU Cattle-stealing, &r. 

Aug. 9. THOMAS JARDANE of Birnok, and Vmphra Jardane his fone. 1 

Dilaitit of airt and pairt of the Slauchter of vmq le Johnne Tuedie of South- 
woid, . . . Broun of Coulter, Williame Campbell of Walwoid : And certain 
other crymes of Thift, &c. 

PERSEWARIS, Elfpeth Bailie, mother to vmq le Johnne Tuedie ; Beffie and Sibilla Tuedeis, his 
fifteris ; Robert Tuedie, his brother ; Williame Broun, brother to vmq le Robert Broun ; Williame 
Broun, as fone to the faid Robert ; Mathow Bailjie, brother to vmq le Alexander Bailie ; and as fa 
der to vmq le Racbaell Bailie, perfewis Vmphra Jardane allanerlie ; Charles Campbell of Horf- 
cleuch, neir kynfman to vmq le Williame Campbell of Walwoid ; Hew Campbell of Garallane, for him- 
felf ; Johnne Farquhar in Cavill, for himfelf ; George Slowane in Knokburne, for himfelf ; Williame 
Campbell, as fone to the faid vmq le Williame ; Charles Murray, for himfelf. Sir Thomas Hammiltoune 
of Bynnie, kn l , Aduocat to our fouerane lord, for his hienes entreis. 

PRELOCUTOURIS for the pannell, The Laird of Lammyngtoun, The Laird of Carmichell, The Laird 
of Covingtoun, Williame Carmichell of Rownetriecorfe, Mr Johnne Rufiell, Aduocat. 
DITTAY again/I Thomas Jardane. 

FOR airt and pairt with the faid Vmphra, his fone, of the treflbnabill Raifeing of ffyre, burning and 
diftroying of the Place of Littilgill, with the baill offices, houfles, barnes, inficht and pleniffing, being 
thairintill, worth the fowme of ffyve thowfeand pundis ; committit vpone the faxt day of July, I m .V c . 

1 See JuL 30, Aug. 0, and Nov. 5, 1605. 



43&7JAC. VI. CRIMINAL TRIALS. 55 

fourfcour nyne 3eiris: And of the treflbnabill burning to deid, at that fame tyme, within the laid 
Place, of vmq le Alexander Bailie of Littilgill, Rachaell, dochter to Matthow Bailie, now of Littil- 
gill, Andro Achiefoun and Katharene Forreft, ordiner fervandis to the faid vmq le Alexander, within 
the faid place. ITEM, ffor airt and pairt of the Slauchter of the faid vmq le Robert Broun in Coulter ; 
committit be the faidis Thomas and Vmphra, in the moneth of Junij, the yeir of God I m .V c . fourfcoir 
faxtene yeiris, vpone the Grene of Coulter, with fchottis of hagbuttis and piftolettis. ITEM, ffor airt 
and pairt of the fteilling of the hors, pryce of the peice ane hundreth pundis ; with ane grit ox, pryce 
thairof fyftie merkis, pertening to Williarae Broun in Coulter ; committit be him and the faid Vmphra, 
his fone, at Mertines, or thairby, in the yeir of God I m .V c . fourfcoir faxtene yeiris. ITEM, ffor airt 
and pairt of the Slauchter of Johnne Tuedie of Southwoid, committit be the faid Thomas and Vm 
phra his fone, vpone Harlaw-mure, befyde St Ninianes Kirk, in the moneth of July, I m .Vj. yeiris. 
ITEM, ffor airt and pairt of the Steiling of faxtene fcheip furth of the landis of Scornefald, pertening 

to Johnneftoun, put be him vpone the faidis landis in girfeing ; committit be the faid 

Thomas and Vmphra his fone, in the yeir of God I m .Vj c . yeiris. ITEM, ffor airt and pairt of the 
thiftious Steilling, at the leift refetting of faxtene ftowin fcheip, ftowin at his command be vmq le James 
Thomefoun his man, in the moneth of November, in the yeir of God I m .V c .lxxxxix yeiris. AND 
ffor Cowmoun Thift, and Cowmoun Reflet of Thift, fra land to land, fra cuntrie to cuntrie, baith of 
auld and new ; preceiding the nynt day of Maij, I m .Vj c . and fyve yeiris. 

DITTAY again/I Vmphra Jardane. 

INDYTIT, accufet and perfewit of the crymes perticulerlie aboue writtin : And als, accufet and per- 
fewit of the crymes refpectiue and perticulerlie following, viz. FOR airt and pairt of the Steilling of 
ellevin nolt, price of the peice ten pundis, pertening to Johnne Farquhair in Cavill, furth of his duell 
ing hous thairof ; committit be the faid Vmphra and his complices, in the yeir of God I m .Vj c . and 
tua yeiris. ITEM, for airt and pairt of the Steilling of ane hors and ane meir, price of the peice ane 
hundreth merkis, fra George Slowane in Knokburne, furth of his duelling hous thairof ; committit be 
the faid Vmphra and his complices, vnder filence and clud of nycht, in the moneth of Junij, the yeir of 
God I m . fax hundreth and foure yeiris. ITEM, ffor airt and pairt of the taking fra William Craufurd 
in Silliehoillis, furth o* his duelling hous in Silliehoillis, of ane naig, pryce thairof fyftie pundis ; com 
mittit be him and the faid Thomas his father, in the yeir of God I m . fax hundreth and thre yeiris, 
ITEM, ffor airt and pairt of the thiftious Steilling, be way of maifterfull Thift and Stouth-reif, fra 
Charles Murray, of tua hors, price of the peice, ane hundreth merkis ; togidder with his cloik, fuord, 
piftolettis, fteilbonet, and purfe, with threfcoir pundis, being thairin ; comraittit be the faid Thomas 
and Vmphra Jardaues, vpone the Brokin-calfay, betuix Daviefchaw and Littilgill, in the yeir of God 
I m .V c fourfcoir fevintene yeiris. ITEM, ffor airt and pairt of the fteilling fra Hew Campbell, fone to 
Hew Campbell in Garallane, furth of his landis of Eiftmark ;* committit be the faid Vmphra and his 
complices, in the ^eir of God I m .V c .lxxxxix yeiris. 

For the quhilkis crymes refpectiue aboue writtin, the faidis Thomas and 
Vmphra Jardanes tuik thamefelfis to our fouerane lordis Remiffioun, producet 
be thame, vnder his hienes Grit feill, of the dait the nynt day of May, the yeir of 
God I m . fax hundreth and fyve yeiris. Quhilk Remiffioun the Juftice admittit. 

LYK AS, the faid Thomas Jardane, elder of Birnok, being indytit and 

accufet, 

FOR putting handis in vmq le James Thomefoun, his man, binding of him hand and fute ; and at his 
avvin hand, hot 2 ordour of Law or ony Commiffioun gevin to him, drownet and execute to daith the 

1 The articles stolen are not detailed in the Record. * Without. 



56 CRIMINAL TRIALS. A.D. 1609. 

fuitl vmq le James Thomefoun, his man, in Robertoun burne ; and fa, is and was airt and pairt of his 
daith and flauchter ; committit in tlie monetb of November, the yeir of God I m . fyve hundreth four- 
fcoir nynetene yeiris. ITEM, ffor Cowmone Thift, Cowmone Reflet of Thift, outputing and inputting 
of Thift, fra land to land, fra cantrie to ctintrie, at dyuerfe tymes, fen the moneth of May, in the yeir 
of God I m . fax hundreth and fyve yeiris ; quhilk is the dait of his Remiffioune. AND SICLYK, the 
laid Vmphra Jardane his fone, being indyttit and accufet, ffor airt and pairt of Steilling of ane broun 
liorfe of four yeir auld, price ane hundreth merkis, fra Andro Slowane in Lanebeid, forth of the landis 
of Watterheid in Cumnok, in the moneth of Junij, I m .Vj c . and fyve yeiris. ITEM, ffor airt and pairt 
of the Steilling fra Williame Rankene of ane gray hors, pryce thairof I c li. furth of the landis of Boig- 
corroche ; committit in the moneth of Junij, I m .Vj c . and fyve yeiris. ITEM, ffor airt and pairt of the 
(leilling of fourfcoir hogis, 1 price of the peice fyftie fchillingis, furthe of the landis of Woulfcruikis, 
within the barronie of Douglas, pertening to the Erie of Angus and his tennentis ; committit in the 
moneth of October, the yeir of God I m .Vj. and fax yeiris. ITEM, ffor airt and pairt of the Slauchter 
of vmq' e Williame Campbell of Walwoid ; committit be him and his complices, at the Kirk of Douglas, 
be hurting him, deidlie, in his heid and vtheris pairtis of his body, in the moneth of October, or thairby, 
I m .V c . and foure yeiris; at the leift, fen the yeir of God I m . fyve hundreth fourfcoir fevintene jeiris ; 

quhairof he depairtit this lyfe, in the moneth of I m .Vj c . and fax yeiris thairefter. ITEM, ffor 

Cowmone Thift and Reflet of Tbift, &e. fen the dait of his faid Remiflioun, viz. the nynt day of Maij, 
I m .Vj r . and ffyve yeiris. 

THE parmell and thair preloquutouris declarit thay will nocht feik delay, 
nochtwithftanding thay ar nocht fummond, and hes nocht gottin ane copie. 
Quhairvpoun my Lord Aduocat afkit inftrumentis. The pannell afkit inftru- 
mentis, that na partie competent to perfew thame, bot the perfonis aboue writtin. 

The Advocat allegit that Mr Johnne Ruflell can nocht be hard to coinpeir and 
defend,' becaus the pannell ar att the home. It is anfuerit, that defenfio eji juris 
naturalis ; and thay haif obtenit ane delyuerance of Relaxatioun (from the horn ) 
The Aduocat in the contrar, becaus he producet Hoirning aganis the pannell. 
The Aduocat paffis fra the allegance. 

The pannell allegis, that na proces can be led aganis thame, for ony cryme 
committit be thame, preceding the moneth of Maij Vj c . and fyve ; becaus his 
Maieftie hes grantit thame ane Remiffioun, for all crymes committit be thame 
before the faid moneth. Quhilk Remiffioun thay produceit; and tuik inftrumentis 
thairvpoun ; and this but 2 preiudice of thair defence aganis ony vther cryme. 
Allegis the Aduocat, this Remiffioun can nocht fatisfie for the Slauchter of vmq le 
Johnne Tuedie ; becaus it is gewin only to Alexander Jarden ; nixt, becaus it is 
grantit vpoun ane fals caufe, viz. vpoun fatisfactioun of partie, quhilk is nocht ; 
for the mother, or brother, and the fifteris of Johnne Tuedie ar nocht fatisfeit. 
The Aduocat afkis inftrumentis, that the pannell vfis the Remiffioun for the 
haill crymes contenit in the Dittay, preceding the dait of the Remiffioun. 

It is allegeit, that the Remiffioun is null, be Act of Parliament, quhair the 
pairtie is nocht fatisfeit ; and na cryme contenit in the Remiffioun is fatisfeit. 
1 Young sheep of a year old, or unshorn. 8 Without. 



43&7JAC. VI. CRIMINAL TRIALS. 57 

The Pannell anfueris, that the Remiffioun ftandis ; and thay ar content to find 
Cautioun to fatisfie the pairtie. 

Allegis the Aduocat, the Remiffioun can nocht be extendit to Williame Camp 
bell ; becaus it is provydit, that itt fould nocht extend to ony Slauchter, bot thais 
quhilk ar committit fen the fourfcoir auchtene yeiris. 1 The Aduocat afkis in- 
ftrumentis, that Mr Johnne Ruflell grantis the Slauchter ; bot it wes committit 
befoir the fourfcoir and auchtene yeiris. It is allegeit, that the Slauchter of 
Williame Campbell can nocht be putt to ane Aflyfe ; becaus thay offer to prove 
that he levit tua yeiris eftir his hurting ; and that he fall offer to be verifeit to 
the Affyfe, that he reparit to kirk and mercat, be the fpace of twa yeiris eftir 
his hurting. 

The quhilk day, Sir Alexander Jardene of Apilgirth, togidder with Thomas 
Jarden of Birnok, and Vmphry Jarden becom fouerteis, coniunctlie and feueral- 
lie, to fatisfie all parteis for the quhilkis the faidis Thomas and Vmphry vlit 
Remiffioun, as Law will. 

The Aduocat takis inftrumentis of the fweiring of that poynt of Dittay, anent 
the Slauchter of Williame Campbell ; fuorne be Williame Campbell his fone. 

QUHILKIS feuerall crymes, aboue writtin, being nawayis comprehendit vnder 
the faid Remiffioun, and haillilie 2 deny it be the faid Thomas and Vmphra to be of 
verritie, the Juftice referrit to the knawlege of ane Aflyfe of theperfones following. 

ASSISA. 3 

James Tailsiefeir, in Strangcleuch, 4 Williame M c Call of Boighous, Mairtene Mure, in Boigend, 
Williame Wallace of Wallacetoun, George Dunbar of Knokfchyn- Williame Chamlay, in Nethirtoun, 
Johnne Broun, in Schaw, noche, Mungo Reid of Drumfork, 

James Tai^iefeir, in Abingtoun, Anthone Couthird, 3ounger, in Johnne Robfoun, in Craigheid, 
James Wallace of Boigheid, Nethirtoun, Johnne Wilfoun, in Cruik, 

Jo. Makmorrane, elder of Glafpen, Williame Craufurd, in Creoche, Johnne Thomefoun, in Bankend, 
Ja s Makmorrane, y r of Glafpen, Dauid Durie of Hielare, Patrik Wilfoun, in Craig. 

The Aduocat afkis inftrumentis of the fwering of the Aflyfe ; lykas, the per- 
fewaris and defendaris, /line inde, Proteftis aganis the Aflyfe for Errour, gif thai 
follow nocht thair knawlege in this matter. 

VERDICT. The Aflyfe, be the mouth of the faid Dauid Durie of Hiellar, chan- 
celler, in prefens of the Juftice and Lordis of his Maiefteis Previe Counfall, thair 
prefent, ffand, pronunceit and declairit, be pluralitie of voittis, the faid Thomas 
Jardane elder of Birnok, to be fly let, culpable and convict of airt and pairt of 
the drowning and puting to daith of the faid James Thomefoun, his man, com 
mittit be him in maner and at the tyme fpecifeit in his Dittay : AND the faid 
Vmphra Jardane to be ffylet, culpable and convict of airt and pairt of the Slauch- 

1 Since the year 1598. 2 Wholly. 5 This Assise, nineteen in number, is one of the 

largest which the Editor recollects to have observed as being sworn and officiating on any Criminal 
Trial, in Scotland. 4 ' Strankla/ in another place. 

VOL. III. H 



58 CRIMINAL TRIALS. A.D. 1609. 

ter of vmq u Williame Campbell of Walwoid, comraittit fen the yeir of God I m .V c . 
fourfcoir fevintene yeiris ; in maner contenit in his Dittay : AND ficlyk, ffand, 
pronuncet and declairit the faidis Thomas and Vmphra, to be Clene, Innocent 
and Acquit of the remanent crymes contenit in the faid Dittay, nocht compre- 
hendit vnder the faid Remiflioun, viz. of the Steilling of the faid Andro Slow- 
anes broun hors, of the quhyte-gray hors pertening to Williame Rankene, and of 
the fteilling of the faidis fourfcoir hogis ; in maner, and at the tyme contenit in 
the laid Dittay : And ficlyk, of Commone Thift and Cowmone Reflet of Thift, 
&c. fen the faid nynt day of May, I m .Vj c . and ffyre yeiris. 

SENTENCE. For the quhilkis tua Slauchteris, contenit in thair convictioun 
aboue fpecifiet, committit be thame, as faid is, the Juftice, be the mouth of Johnne 
Laufone, dempfter of Court, decernit and ordanit the'faidis Thomas and Vmphra 
to be tane to the mercat croce of Edinburghe, and thair heidis to be ftrukin 
frome thair bodeyis ; and thair haill guidis, geir, inficht and pleniffing, to be 
efcheit and inbrocht to his Maiefteis vfe, as culpable and convict of the tua 
Slauchteris aboue fpecifeit. Quhilk was pronuncet for dome. 



Sep. 14. ANDRO HENDERSONE, fone of vmq le Johnne Henderfoun, 
merchand burges of Edinburghe. 

Dilaitit,accufet andperfewit of the crymes contenit in the DITTAY vnderwrittin. 

FORSAMEKILL, as ye, liaifing confauet ane deidlie feid, rancour and malice aganis Williame and 
A dame Montgomery-is, tua honeft men, merchandis burgefiis of Edinburghe, for concuring, afiifting, 
mantening and fortifeing of Dauid Johnneftoun, ane of the Bailleis of the faid bur 1 , in the executioun 
of his office, in the taking and apprehending of vow at your motheris hons, about ten onlkis 1 fyne or 
thairby, for the crewall and fchamefull hurting and wounding of .... Harper, than your motheris 
fervand, in the heid, to the grit effufioun of hir bluid ; ye, in revenge of the Law, haveing ferchet and 
focbt the faid Williame Montgomerie dyuerfe tymes at the yet* of his duelling hous, be way of Hame- 
fuckin for his flaucliter, leitlie, vpoun the fecund day of September inftant, being bodin in feir of weir, 3 
with ane grit battoun and ane fuord, awaittit the faidis Williame and Adame Montgomereis in Lib- 
bertones-wynd-heid, at the yet of the faid Williames duelling hous thair, as thay war, in fober and 
quyet maner for the tyme, cnmand frome thair mercheand-buthes, a littell afoir aucht houres at evin, 
hame, towardis the faid Williames duelling hous, dreidand na evill, harme, iniurie, or perfute of ony 
perfones, within fie ane reformet toun, bot to haif levit vnder Godis peax and our fouerane lordis : 
And thair ye, vnder nycht, fet vpone thame, and crewallie invaidit thame for thair Slauchter, ftrak at 
the faid Adame with the faid battoun, preiffing to haif ftrukin him thairwith in the heid, and to haif 
fellit him : Quhilk ye had nocht faibjeit to haif done, war nocht, be the Prouidence of God, he drew 
his dager, for defence of his lyfe ; vpone the qnhilk 4 ye brak the faid battoun. And finding yow dif- 
apoyntit of your firfl intentioun, quhilk was to haif flruckin the faid Adame in the heid with ane bat 
toun, ye thaireftir drew your fuord, and of new fett vpone him, and crewallie invaidit him for his flauch- 
ter, hurt and woundit him thairwith in the left hand, to the effufioun of his bluid in grit quantitie ; and 

1 Week*. * Gate. Arrayed or provided in warlike manner. * Upon which dagger. 



43&7JAC. VI. CRIMINAL TRIALS. 59 

hes demembrit him of thre fingaris of his left hand ; committit be way of Hamefuckin and brigancie, 
vnder filence and clud of nycht, vpone fet purpois, prouifioun, precogitat malice and foirthocht fellonie : 
And ye ar airt and pairt of the faidis crymes, committit in maner foirfaid : In hie and manifeft con- 
temptionn of our foverane lordis authoritie and lawis, in evill exampill of vtberis to commit the lyk 
barbarus, crewall and inciuill crymes and offences, within ane reformet citie, gif ye be nocht rigorouflie 
pwneift thairfore, be ane feueir and examplarie pwneiftiment, conforme to the lawis and practik of this 
realnie. To the taikin, 1 ye, eftir the committing of the faid crewall fact, fled vp the Hie-gait to the 
Over-bow, 2 quhair ye was apprehendit with the drawin bludie fuord in your hand, and was committit 
to waird, within the Tolbuth of Edinburgh, quhairin ye haif remanit, in the irnes, quhill now that ye ar 
brocht to the bar, to be tryit and pwneifchet as faid is. 
PERSEWARIS, Adame Montgomerie, Williame and Alex r , his brothers, Sir Thomas Hammiltoun, &c. 

PRELOCUTOURIS in defence, Mr Johnne Ruffell, Mr Oliver Colt, younger, Mr James Halyday. 

My Lord Aduocat paffis fra that poynt of Dittay of Mutilatioun, pro loco et 
tempore ; and infiftis vpone the Difmembring. 

It is allegit, that the difmembring of ane finger, tua, or thre, aucht not to be 

put to the tryell of ane Aflyfe, quiet non eft crimen ; et digitus non eft membrum, 

fed tantum pars membri ; and for verificatioune thairof, allegit the lawis and 

textis of Julius Clarus, and the Ciuill Law. It is anfuerit, aucht to be repellit, 

in refpect of the Dittay and daylie practik of this judgement. 

THE Juftice ffindis proces ; and repellis the allegeance. 

The pannell acceptis the Dittay ; and takis inftrumentis of the concluiioun of 
the Dittay, beirand puneifchment conforme to the lawis of this realme. It is al 
legit, that gif ony difmembring was done be the pannell, (nocht granting the fa- 
myn,) that the famyn was done in his awin defence ; in fa far as thair was tua 
perfewaris of him, viz. Adame Montgomerie and his brother, the ane haifing ane 
battoun, and the vther ane dager ; and thairfoir, the fact lybellit, done be the 
pannell, was lauchfull. It is anfuerit be the Aduocat, aucht to be repellit, in 
refpect of the Dittay. The pannell defyres the perfewer, prefent at the bar, to 
geve his aithe, quhidder the pannell did the hurt to him in the pannellis defence ; 
or gif the pannell perfewit him firft ; quhairupouii the Aduocat afkit (inftru 
mentis.) 

Adame Montgomerie., prefent, vpone his grit ayth, declairit, that Andro Hen- 
derfoun was the firft fetter vpone him, in his brotheris clofe, at his ganging hame 
to his hous ; quhair, with ane battoun, he invaidit the deponer, of purpois to 
haif fellit him thairwiih ; quhilk the deponer foirfeing, 3 drew his dager and kepit 4 
the ftraik of his battoun thairupoun : And thairupoun and thaireftir, Andro 
Henderfoun fteppit bak and drew his fuord ; at quhilk tyme, the deponer tuik 
vp Henderfones cloik, quhilk he cuift about his left airme and left hand, of pur- 
poife to gaird himfelf thairwith : And that the faid Andro thaireftir, with his 

1 In proof or testimony. 2 Up the High Street to the Over or Upper Bow, now called the 

West Bow. 3 Perceiving, foreseeing. * Caught the blow; keppit the stroke. 



60 CRIMINAL TRIALS. A.D. 1609- 

fuord, gaif him ane ftraik vpone his left hand, and throw the cloik, tua ply, 1 
cuttit the deponer, and ftrak fra him his thre fingeris. 

The Aduocat takis inftrumentis of the fweiring of the Dittay be the perfewar, 
in prefens of the Aflyfe ; and proteflis for Wilfull Errour, gif thay acquit. 
Mr Jolme Ruflell producet ane tiket of fax perlbnes, as witness, quha can de- 
clair to the Aflyfe, that the pannell was perfewit be the tua brether, the tyme 
contenit in the Dittay ; and that the hurt was gevin to Adame, be the pannell, 
in his awin defence ; and thairupoune afkit inftrumentis. The Aduocat an- 
fuerit, that thair is na neceflitie to the Aflyfe to reflaue ony witneflis, becaus 
thai ar witneflis thame felfis, 2 and duellis within this burgh, and vnderftandis 
that this fact was committit be the pannell, in maner contenit in the Dittay ; 
and proteftis for Wilfull Errour, gif the Aflyfe acquit. 

VERDICT. The Aflyfe, be the mouth of Dauid Fergufhill, mercheand, Pro- 
veift of the burcht of Air, chanceller, all in ane voce, flfand, pronunceit and de- 
clairit the faid Andro to be Giltie, culpable and convict of the difmembring of 
the faid Adame Montgomerie of thre fingeris of his left hand ; committit at the 
tyme contenit in the Dittay, vpone fet purpois, prouifioun and foirthocht fello- 
ny. Efter publicatioun of the quhilk Convictioun, THE JUSTICE ordanit the 
faid Andro to be tane bak agane be the Magiftratis of Edinburgh to his waird, 
within thair tolbuith thairof ; thairin to remane in fure keiping, in the irnes, as ane 
convict perfone, quhill he war forder advyfet anent his dome and pwneifchment. 
(1610, April 18.) THE pannel was prefented at the bar, by Robert Ban- 
natyne, ane of the Bailleis of Edinburgh,' by virtue of an Act of the Privy 
Council, dated at Edinburgh, April 12, 1610; in confequence of his Majefty, * in 
his princelie wifdome,' having fignified to them his Will. 

SENTENCE. FOR obedience of the quhilk act and ordinance, the Juftice, be 
the mouthe of Johnne Laufoun, dempfter of Court, decernit and ordanit the faid 
Andro Henderfoun to be Baneift our fouerane lordis haill dominionis, during his 
lyftyme ; and nocht to returne agane within the famyn, vnder the pane of deid : 
And thaireftir, ordanit the faid Andro to be tane bak agane to his waird, be the 
Magiftrattis of Edinburgh, to the tolbuith of the faid burgh, thairin to remane 
with the remanent wairdouris, quhill he be reddie to imbarque ; and that ordour 
be tane for convoy and tranfpoirt of him to his fchip. 

1 Two folds thick. Lat. plica. * This is a strong illustration of the anomalous office of an 

Assisor or Juryman, in early times. From the peculiar mode in which he was chosen, from among 
those of the pannel's peers, who were resident nearest the fpot, and knew the common report of the 
country, he was himself presumed to be a witness ; and, in many instances, de facto, was a witness of 
the whole circumstances of the case ; but it is obvious that this very circumstance must have fre 
quently proved a real disqualification to the honest discharge of so important a duty. For the history 
of the ancient modes of choosing Assises, &c, see the valuable Commentaries of Baron Hume, Bur- 
net on the Criminal Law, Maclaurins Trials, &c. 



43 & 7 JAC. VI. CRIMINAL TRIALS. 6l 

\_Mr Alexander Coluill, Juftice-Depute.'] 



[SiR ALEXANDER LINDSAY, LORD SPYNIE, whose life unhappily fell an untimely sacrifice to one 
of those deadly feuds, which the demon of domestic strife then too frequently, indeed almost univer 
sally, stirred up in the breasts of our Scottish Nobility and Gentry, of all ages and ranks, urging them 
to the commission of the most frightful excesses and crimes, and whose wrath and rancour, even the 
nearest ties of relationship could not appease, was the fourth son of David, ninth Earl of Crawford. 
Having accompanied King James VI. to Denmark, in his matrimonial expedition, and enjoying his 
Majesty's intimate personal friendship, the King, on his return to Scotland, in fulfilment of a promise 
then made, erected the lordship of Spynie, Kinnedder, Raffart, and other lands in the shires of Elgin, 
Banff, and Inverness, formerly pertaining to the See of Moray, into a free Barony, and conferred upon 
him (then designed ' Vice Chalmerlane to oure fourane lord') the title of Baron of Spynie, 1 May 6, 
1590. This Letter is so extremely characteristic, that the Editor needs no apology for transferring it 
from the original to this Collection. 2 
' SANDIE, 

' QuHiLL 3 youre goode happe furneis me with fum better occafion to recompence youre honeft and 
faithfull feruice, utterid be your diligence, and cairfull attendance upon me, fpeciallie at this tyme, lett 
this afliire, in the inuiolabill worde of your awin Prince and maifter, that quhen God randeris me in 
Skotlande, I fall irreuocablie, and with confent of Parliament, 4 erect you the temporalitie of Murraye 
in a temporall Lordfliipp, with all honouris thairto apparteining : and lett this ferue for cure of youre 
prefent difeafe. FROM the Caftell of Croneburg, quhaire we ar drinking and dryuing our, in the aulde 
maner. J. R.' 

He also obtained another Charter, creating him a Peer of Parliament, Apr. 17 ,. 1593. 5 This dis 
tinguished Nobleman married Jean, eldest daughter of John, tenth Lord Glammis, she being also the 
relict of Robert, Master of Morton, and of Archibald, Earl of Angus. It is probable that this marriage 
took place on the suggestion, or through the influence, of the King, who thus notices the Countess in 
one of his Letters ; ' Mind Jean Li/on, for her auld tout will make you a new horn !' 

In order to arrive at the facts relating to this feud, a few quotations shall be made from contempo 
rary sources, the only authentic and satisfactory mode of treating such a subject in a Work of this 
description. We are informed by Birrel and by Sir James Balfour, that previous to the fatal skir 
mish, when Lord Spynie was slain, there had been a similar rencontre, also on the streets of Edin 
burgh, on the 17th day of June, the fame year ; which the authorities and the citizens had been wholly 
unable to put down. That affair is thus related, in the expressive language of the day. 

' THE 17 of Junij, (1605,) ane Combat or tu^ie foughten at the Salt-tron of Ed r , betuix the Laird 
of Ed$le, younger, and hes complices, and the ^oung Laird of Pitarrow, Wif chart. The faucht laftit 
frae 9 hours at night till 11 at night, twa hours 1 Thair wer fundrie hurt one both fydes, and ane 
Guthrie flaine, which was Pitarrow s man ; ane verie prettie joung man. The 18 day they wer ac- 
cufit befoir the Counfell, and wardit.' 6 ' THE 17 day of Junij, a combat betuix the Lairdes of Ed$ell 
and Pittarrow, one the Heighe Streite of Edinbrughe I The fight lafted from 9 in the night till almoft 
2 in the morning, befor they wer feparated ! In this fight diuers wer hurte ; and one only killed. They 
wer fumond to compeir befor the Lordes of his Maiefteis Priuey Counfaill, and wer bothe of them 
committed to priffone.' 7 Sir Thomas Hamilton, then Lord Advocate, preferves the following inte 
resting notices in his Minutes of the proceedings of the Privy Council, 8 which tend to throw much 

1 Reg. Mag. Sig. Lib. xxxvii, No. 415. * It has been published before. See Dafyell's Fragments, App. 83. 

Wood's Peerage, II. 517. And a.fac-simile of the Letter has been given by Mr J. T. Gibson Craig, in his Contri 
bution to the Bannatyne Club, being ' Papers relative to the Marriage of King James the Sixth.' 3 Until. 

4 Acta Parl. III. 650. 5 Reg. Mag, Sig, Lib. cxxxix, No. 140. Robertson's Proceedings, p. 426. 6 Sir- 

rets Diary, ' Balfour's Annaks, II. 7. 8 Lord Hadington's MSS. Adv. Library, A. 4. 22. 



62 CRIMINAL TRIALS. A.D. 1609. 

lighten the matter. EFTIR the Combat in Ed r betuix jouny PiUarro and Mr Alex r Lindfay, 1 
vpoune the xvij day of Junij, vpone the morne thairefter, Autd PiUarro and his fone, and my lord 
Chancellari* meflage, be his fervand, is fend to thame to keip fair houflis, and certane fair bairnes 
t haii in ; and that thair not obeying and doing J>airof gif occafione of the fkaithe and flauchter that fol 
lowed : Thairfoir thay wer commandit to enter in the Caftell of Ed r ; and furthe f airof, PiUarro elder 
and younger to the Blakness, and Edzell to Dunbartane. That fame day, or the nixt day thairefter, 
rponn the Laird of EdzeUit Supplicatioune, bearand, that he wes informed, that the Lordis, have- 
ing refpect to the Slauchter of William Guthrie, feruitour to PiUarro, had commandit him to waird, 
albeit he vnderftude fe faid Outhrie to have reflaued na woundis, bot to have been fmored* in the 
throng ; at his defyre, thay fend for Dauid Pringall, fat had handlit him, and examined him vpone 
his woundis, and quhidder thay war deidlie or not? And alfo directed Dauid Bailzie and twa vther chi- 
rnrgiens to vefie the corps, and hand fair report; quhilk monie thocht ane ftrange and extraordinar forme.' 

The occasion of this preliminary quarrel probably arose out of some family difference, which, it would 
appear, the heads of the respective Houses could not prevent. SIR DAVID LINDSAY, YOUNGER of 
Edzell and of Glenesk, married Margaret Wishart, who, likely, was sister of young Pittarrow. 

The cause of the second quarrel, which unfortunately resulted in the death of Lord Spynie, can be 
more satisfactorily accounted for. DAVID LINDESAY, younger of Edyel, feeking to revenge the (laugh 
ter of his Uncle, Mr Walter Lindefay, whom David, Mqjler of Crawford, bad killed, as he lay in wait 
of the faid Mqjler, (who was then, by the deceafe of his father, fucceeded in the Earldom,) through a 
pitiful miftake, did invade Alexander Lord Spynie, and killed him inftead of the other ! The Noble 
man's death was much regrated, for the many good parts he had, and the hopes his friends conceived, 
that he ihould have raifed again that noble and ancient Houfe of Crawford to the former fplendor and 
dignity ; all which perifhed with him. He that was in place, and efcaped the peril, being a bale 
unworthy prodigal, and the undoer of all, that, by the virtue of his anceftors, had been long kept toge 
ther.'* ' THE 5 day of July, in rewendge of the Slachter of Sir Walter Lindfay, the young Laird 
ofEgett feHtis for the Maifler of Crawfurd in the hie toune of Edinbrughe ; the Lord of Spynnie being 
with the Maifter, quha was trauelland betuix thame, to haue had thame agreitt, the Maifler being his 
broder-fone, and Eagill his fifter-fone ; and being bayth Lindfayis, had grit reflbne to mowe (him) to 
reweill to haue them at concord ; 4 bot this perfuitt being betuix nyne and ten houris at nycht, thay culd 
nocht knaw ane be ane wther ; Egell being the number of ancht men, in geir ; and thair being nane with 
the Maifler bot my Lord of Spynnie and the Lairdof Drumlaynerig,* quha being all hurt with fchottis 
and ftraikis, the Maifler hurt and my Lord of Spynnie with mony ftraikis, thay had gottin ane Dru- 
meldry fchott throw the airme ; Eagell paffis his wayis in faiftye, and his folkis with him. The Lord 
of Spynnie depairtit off the faid hurttis, the 16 day of Julij ; bot the Maifler recowerit his healthe, bot 
with grit lofs of his blude.' 6 

This unhappy Feud was kept alive for many years, and was productive of mutual misery to every 
member of these families. The diet was not finally deserted against the Earl (formerly the Master) 
of Crawfurd, until Jun. 9, 161 3. 

Before closing this Notice, it is proper to state, that SIR DAVID LINDSAY, ELDER, was called Lord 
Edzell, from the circumstance of his being one of the Ordinary Lords of Session, having succeeded 
his brother, Sir John Lindsay of Balcarras, the Parson of Menmure (Lord Menmure), on the appoint- 

1 This Notice is preceded, in Lord Hading tori's Minutes, by the following remark. ' EJIZELI. and PiUarro com 
mitted to waird ; becaus thair neglecting to conteane thair sones in thair houses (as thay war commandit be my Lord 
ChanceUare) waa the occasion of tumult and slauchter. At desyre of my Lord ofEdzall, the deid corpes of William 
Guthrie wes uisited be the Bailzeis of Edinburt and the Cbyrurgians, that saw him examined, gif his woundis wer 
morUlVand gif he died of thame?' * Smothered ; suffocated. * Spotswood 1 * Hist. p. 504. ' Had 

great reason to move him to rule (or exercise his authority) to reconcile them. * Sir James Douglas of Drum- 

Unrig, ancestor of the Marquis of Queensberry, a powerful baron, who was most active in suppressing disturbances 
on the Borders. Anon. Hut. Scot. MS. Adv. Library, A. 4. 35. 'See this Collection under that date. 



43&7JAC. VI. CRIMINAL TRIALS. 63 

ment of that distinguished person to the office of Secretary of State, Feb. 23, 1597. 1 He was the 
eldest son and heir of David, eighth Earl of Crawford ; to which title Lord Edzell would have suc 
ceeded, had not his father generously conveyed back the title to David ninth Earl of Crawford, the 
grandson of David the seventh Earl, who had disinherited his sons for their < unnatural barbarity* to 
him. 2 In order to cement that transaction, and to preserve the most intimate terms with the House 
of Crawford, Sir David married Lady Helen Lindsay, the daughter of the person who had thus ob 
tained the Earldom on his father's voluntary resignation, viz. David ninth Earl of Crawford, who had 
been a steady adherent to the interests of Mary Queen of Scots ; and who married Margaret, daugh 
ter of Cardinal Beaton, in April 1546, However piously this respectable man was inclined to pre 
serve the most friendly terms, the deadliest passions seem to have rankled in the bosoms of his son, 
the Young Laird, and of David, Master of Crawford, the only son of David the tenth Earl, 3 who had 
succeeded his father previous to Dec. 11, 158 1, 4 and died, Nov. 22, 1607. At the date of this Trial, 
therefore, THE EARL OF CRAWFORD, alluded to in these proceedings, and in the Letters, &c., is the 
eleventh Earl, who, at the time of the skirmish on the streets of Edinburgh, was Master of Crawford, 
' THE YOUNG LAIRD OF EDZELL' was Sir David Lindsay, younger of Edzell, and of Glenesk, and as 
has already been remarked, married Margaret Wishart, one of the family of Pittarrow. His father 
having been interdicted from giving him harbour, in any of his houses, ' he built for himself a small 
Castle called Auchmull, in the parish of Edzell, and another, called Innermusk, in Lochlie, as lurking 
holes, while he was forced to skulk several years, for the murder of Lord Spynie.' 5 

The Appendix of Original Papers which follows, contains all the additional information on the sub 
ject of this deadly Feud, which the Editor can at present obtain.] 

Sep. 19. Sm DAUID LYNDSAY of Edzell, kny*, (LORD EDZELL,) ane 

of the Senatouris of our fouerane lordis College of Juftice, 

and Mr Alexander Lyndfay of Canterland, his fone. 

Dilaitit for the Slauchter of vmq le Alexander Lord Spynie. 6 

Compeirit and producet ane Act of the Secreit Counfall, extract furth of the 

buikis thairof, be James Prymrois, ordiner clerk, of the dait the tent of Auguft 

laftbypaft, beirand, that this fix of September inftant was appointit to Dauid 

Erie of Craufurd, of his awin confent, for him felf, and takand the burding on 

him for the remanent perfones contenit in the Act, to perfew the faid Sir Dauid 

and his faid fone, for the forefaid allegit Slauchtir. Accoirding to the quhilk 

Act, and tennour thairof, the faid Sir Dauid and Mr Alexander his fone offeris 

thame reddie to abyde tryell for the faid allegit Slauchter, quhairof thai ar alto- 

gidder innocent. And proteftis, becaus na partie compeiris to perfew, that thai 

never be hard heireftir to infift in the perfute for the faid allegit Slauchter ; and 

thairupoune afkit inftrumentis. 

1 Wood's Peerage, I. 165; but according to Lord Hoiks' Catalogue, Feb. 23. 1598. He was afterwards one of 
the Commissioners of Treasury and Exchequer, called from their number the Octavians, Jan. 5, 1595 ; and was 
in Mar. 1595 appointed Lord Privy Seal; and, likewise, was Chancellor of the University of St Andrews, &c. 
* Peerage, ibid, and I. 379. * Who married Lady Grizel Stewart, eldest daughter of John fourth Earl of 

Atholl. 4 Wood's Peerage, I. 380. Reg. Mag. Sig. xxxv. 467-769, &c. 5 Statistical Account of 

Scotland, X. 102, which asserts that ' THE CASTLE OF EDZELL' is one of the most magnificent ruins any where to be 
met with. It consists of two'stately Towers, evidently in different styles, and built at different periods. These are 
connected by an extensive wall ; and large wings went backwards from the Towers. Tradition says that the square 
Tower, the most ancient, was built and possessed by the Family of Stirling, from whom it descended to Lindsay of 
Glenesk. 6 See Jul. 8, 1607, and Jun. 2 and 9, 1613. It appears that he died of his wounds, July 16, 1615. 

See the foregoing Notice prefixed to this Case. 



64 CRIMINAL TRIALS. A.D. 1609. 

Compeirit Gilbert Rynd, feruitour for the tyme to vmq le Alexander Lord 
Spynie, and in name and behalf of the Lord Spyneis bairnes, proteftis, that 
quhatfumeuir be done in this Judgement and Juftice Court this day, preiudge 
nocht the perfute to be mo vet at the inllance of the faid vmq le Lord of Spyneis 
bairnis, for thair fatheris Slauchter : And thairupoun aflat inftrumentis. 

APPENDIX OF DOCUMENTS illustrative of the preceding Case. 
I. LETTER, the Laird of Edzell to the King. 1 

MAIST SACRED SOUERANE, 

IT MAT pleife 3 oar Ma Ue albeit I hawe flayit hier in Ed r ane yeir and three moonthifs bygane, cra- 
wing ewer to be tryit of the onhappie Slachter of my wmq 11 LORD OF SPYNIE, quhairof I proteft be- 
foir God and 3our M te I am maift innocent, my Lord of Crawfwrd 2 will nather call me thairfoir, nor 
ftaye, baithe privatlye and pwbliklye, yea in face of yo r M ties ho 11 3 Priwye Counfell, to caluminat me : 
Quhairfoir, feing my modt-lU' moowife 4 nocbt my Lord of Crawfwrd rightlye to coniider my inno- 
cencye, I maift huimlye pray your M te to direct yo r Thefaurar and Advocatt to call and pwt me to 
ane honeft and onfufpect Triall ; and being tryit innocent, that I maye hawe furetye to liewe in peace, 
to ferwe y r M*. I hawe fwfferit manye injureife, fpecialye fyiwe of my fervitouris fchott with pif- 
toillis and hwrt, yit hes nocht complenit ; my felf all'o, during the fpace foirfaicl, nocht wairdit onlye, 
bot lianit liit from my verteu ; and yit my Lord of Crawfwrd his infolence no* moowlt nor ftayit from 
feiking of my wraik. Praying yo r M te to confider and to caufe ordour be pwt to the premiflis, I 
pray God to grant y r M te ane lang and profperus reigne, and to bliss yo r Royell progenie. Sa kifling 
huimlye y r handis, I reft ewer, 

ED, 1608. 16. Aug. Yo r Sacred M teis maift humill and obedient fubiect and fervitour, 

To His MAIST SACRED M T . EDZELL. 

II. ExTRACT/row LETTER, the Privy Council of Scotland ' To THE KING his most sacred and 

excellent Ma'*, Mar. 28, 1609.'* 

THAIR wes a Petitioun prefentit vnto ws, in name of THE LAIRD OF EDYELL, complaining that 
THE ERLL OF CRAUFURDE, vnder the pretext and cullour of a Commiffloun granted be your Maieftie 
to fome of his domeftiquis and feruandis, for perfute of the Criminallis for THE LORD OF SPYNEIS 
SLAUGHTER, intended to perfew and afledge his HOUSE OF EDYELL, wherein his mouablis and eui- 
dentis 6 ar, and his ludgeing in this burgh whair be prefentlie duellis; and fua, vnder the pretenfe of 
Law, and of your Maiefteis auctoritie, to execute his privat revenge aganis him ; and thairfoir, he cra 
ved, that this Commiflioun, and the executioun thairof, aganis him and his Houflis, myght be fufpen- 
dit and difchargeit. We could not judge vpoun the tennour and natour of this Commiflioun, becaus 
it wes never fhawne nor prefentit in Counfaill, and, as we ar informed, it is nouther regiftrat nor 
fignett; and we wold not prefome nor tak vpoun ws to difcharge your Maiefteis Commiflioun, without 
your heynes awne allowance ; alwayes, 7 becaus Edyell hes found cautioun not to reflet thir hornaris 
in his faidis Houflis, vnder the pane of ten thoufand merkis, we baif fufpendit the executioun of the 
faid Commiflioun againis the faidis tua Houflis, allanarlie, 8 vntill the tent day of Aprile nixttocome, 
that in the meantyme we may know your Maiefteis will and pleafour thairanent, and in all vtheris 
Commiflionis of the lyk nature, not prefentit nor fhowne in Counfaill. 

' Denmylne MSS. Adv. Library. * David eleventh Earl of Crawford, who, at the date of the rencontre 

at which Lord Spynie wa killed, was the Master of Crawford. * Honourable. * Moves. * Denmylnt 

MSS. Adv. Library. The Letter, which is very long, craves instructions on a great variety of subjects. Title- 
deeds of his property. ' Nevertheless. Only. 



43&7JAC. VI. CRIMINAL TRIALS. 65 

III. LETTER, the Laird of Edzett to the King. 1 
MAIST SACRED SOVERANE, 

IT MAY pleife your Maiefte, Being advertefit that THE ERLLE OF CRAWFWRD lies fent exprefs to 
your hienes of that certane Lettres as written be me to my fone, and recoverit be him within the 
Howfe of Auchinwll, quhair my fone was wont to dwell ; quhilkis informis, it was my will and com 
mand to flaye the wmq 11 Lard of Spynie, and fa, plotter and contriver of that vnhappye and wyilld 
flauchter ; thinkancl thairbye to awert your Maieftes woontit fawor from me, and to difgrace me at the 
hands of all honeft men ; I hawe chofine and prefumit to tak the hardiment huimblye to pray your 
hienes nocht to giwe credit to anye copye of anye Lettre cwming from the handis of my enemyifs, 
wnto the tyme the principall be tryit 2 to be wrettin, fubfcriwit, or directit be my felf; for I proteft, 
in prefence (of) God, I newer had anye fick innaturall and ongodlie interpryife in my hart, mekle 
lefs directit the doing thairof. And to mak this mair manifeft to all the world, I have inventit 3 Im- 
probatioune, that all liwing may know howe injuftlye I am viit be the Erlle of Crawforde, and howe 
he quha was the beginner of all thir trowblifs, be the Murder of my wmq 11 brother Sir Walter 4 
onder traift, wald nowe eik 5 craft to his cruelteis ; and in place of repentance, be fals calumnyes, wald 
alfo bereawe me of my fame and lyiff, albeit I hawe ewer beine, and yit am maift willing to abyed all 
ordinar tryell of Lawe. Farther, I moft alfo regrait that the faid Erlle, being laitlye at Cowrt, hes 
privelye obtinit ane Commiffione wnto ane numer of hes rioterifs and defenderis, for ferching of my 
fone ; and onder colour thairof, hes intentit nocht onlye to furpiyife my howfe of Edzell, quhair my 
haill ewidentis, and of vther freindis yit remanis, hot alfo to berawe me of my lyiff within my awin 
Iwdging in Ed r . And to the effect foirfaid, wearifs daylye piftollettis and hagbwttis, prohibitit be your 
Maiefteis Actis, alledging ewer they ar feiking Rebellis. For remeid quhairof, and my awin fecuritie, 
in refpect of the reafonis foirfaidis, fpecialye, becaufe your Maiefties honourabill Priwye Counfell hes 
alreadye grantit ane verie ample Commiflioun, excepting onlye my Howfe of Edzell, within the quhilk 
I hawe fwnd Cautione nocht to recept 6 my fone, nor anye of theife Rebellis, onder the paine of ten 
thowfand merkis, toties quoties, I will maift huimlye praye your Maieftie to direct ane Warrant to 
your hienefs Priwye Counfell of this countrie, to fufpend the laft priwatlye obtinit Commiffione, as 
your Maieftie will hawe me free of that fchaddowe, 7 be the quhilk my ondeferwit enemye crawis 8 
my lyiff and land ; for vtherwayis, the Counfell, for the reverence they carye to that Commiffione 
feygned be your hienefs, will nocht mell 9 thairwith. Hoping for your Maiefteis woontit protectione, 
nowe, fa mekle the rather that I am fo onkyndlye, onnaturalye, and without deferwing, trwblit be 
that Howfe, 10 of the quhilk ewer of aid, nocht onknowin to your Maieftie, in thair trowblifs, I hawe 
fa weill meritit vtherwayis. Yf I find nocht fecurite hier, I wilbe forcit, altho' be fea, in refpect of 
my aige and inhabilitye, vpon my kneife to beg the faming ll at your hiechnefs felf. Thws, maift hum- 
blye kiffing your hienefs handis, and praying the Eternall lang to preferwe your Maieftie and Royell 
progenie, I reft ewer, 

Your Sacred Maiefteis maift humble and obedient fubiect and ferviteur, 

ED R , 1609. Penult. Mar* 1 . EDZELL. 



jrf Stentts 

f_THE following Trial, in addition to the preceding Case of the feuds of the Lindsays, affords another, 
among the many melancholy instances, of the ' deadly feuds' which unhappily existed in Scotland at 

1 Denmylne MSS. Adv. Library. * Judicially proved. 3 Should be intentit ; raised. 4 Sir 

Walter Lindsay of Balgavies, who was murdered betwixt Brechin and the Place of Edzell, Oct. 25, 1605. See 
Jun. 2 and 9, 1613, &c. s Add ; join. ' Resett. 7 Pretence ; mockery, 8 Craves. 

9 Meddle ; interfere. Fr. rr.eler. I0 Viz, the House of Crawford. u Same. 

VOL. III. I 



66 CRIMINAL TRIALS. A.D. 1609. 

this period. The arrogant CAPTAIN JAMES STEWART of Botfiwell-muir, second son of Andrew Lord 
Ochiltree, well known as the EARL OP ARRAN, and who had been successively Governor of the 
Castles of Edinburgh and Stirling, Lord Privy Seal, and Lord Chancellor of Scotland, was, in the 
year 1596, slain, in revenge for his rigorous procedure against his uncle, at Symontoun, near Douglas, 
in Lanarkshire, by Sir James Douglas of Parkhead, nephew of the Regent Morton. Archbishop Spots- 
wood thus notices these remarkable events. 

A little before thefe Airs with the Church, Captain James Stewart (who had been fometime 
Chancellor, and carried the title of the Earl of Arran) was killed by James Douglas of Tortiierald. 
This man, after he was put from Court . had lived obfcure, in the North parts ; and was entertained by 
the Lady Salton, his fifter-in-law. Being in hope to come again by the office of Chancellary, which 
was yet void, by the death of Lord Thirlejlan, he came South, and had a long conference with the 
King, which did greatly encourage him ; but till matters might be better prepared, he took purpofe to 
TiHt his friends in Kyle. Taking his journey by Symington, nigh unto Douglas, he was advifed by 
his friends in thole parts to look to himfelf, and not ride fo openly, becaufe of Tortherald, that lived 
not far off, whofe uncle he had followed (as he fpake) to the death. His reply (as he was a man proud 
and dii't lain full) " that be would not leave his way for him, nor for all the name of Douglas ! " being 
overheard by a fellow, and reported to Tortherald, did fo inflame him, the old ulcer remaining uncured 
as he avouched, " to have his life, at all hazards 1 " So, getting intelligence that he had taken 
horfe, he made after him, with three of his fervants ; and overtaking him in a valley called Cat/lack^ 
after he had ftricken him from his borfe, did kill him without refiilance. It is faid, that when Cap 
tain James faw the horfemen following, he afked, " How they called the piece of ground on which 
they were?" And when he heard the name of it, he commanded the company to ride more quickly 
as having gotten a refponfe to beware of fuch a part ! He was a man full of violence ; and, when he 
was in place of rule, executed it with much cruelty which was now paid home in the end I' 1 Mr 
Wood 2 relates, that ' bis head was cut off, and carried on the point of a lance, in a kind of triumph, 
through the country ; and his body was exposed to dogs and swine before it was buried ! ' In accord 
ance with the usual feelings of those times, dictated by a blind and barbarous revenge, (which was, 
in those days, considered merely as indicating proper spirit in a man of gentle blood,) Sir James was, 
in his turn, murdered on the streets of Edinburgh ! 

Two contemporary writers thus briefly state that fact to have occurred, simply, as a matter of course : 
THE fewint of Julij, James Douglas of Torthoruall flayne be Williame Stewartt, fone of Sir Wil- 
]iame Stewartt, in rewendge of Captaue James flauchter.' 3 ' The 14 day of Julij, this yeire, James 
Douglas of Torthorwall was killed, one the Heighe ftreeit of Edinbrughe, betuix 6 and 7 houres in 
the morninge, by William Steuart, fone to Sir William Steuarte ; quho efcaped.' 4 ' The 18 day of 
this fame monnth (May, 1613,) the Lord Ochiltrie folemlie, by his grate othe, purged himfelue (in 
prefence of the Lordis of his Ma ties Priuey Counfaill,) in being airte or pairt, ore aney wayes acceflbrey 
to the Murthour of the Lord Torthorell's father ; and fo thay war reconceilled by the Lordes, hartily 
chapen handes, and mutually embracing one ane another.' 5 

A very interesting LETTER from the Privy Council to the King, taken from the Hadington MSS., 
General Register House, is appended. It gives the most authentic account of the matter which can 
now be procured.3 

Sep. 20. ANDRO LORD STEWART of Vchiltrie, and Andro Stewart, his 

fervand. 

Dilaitit of the Slauchter of vmq le James Lord Torthorell. Compeirit and 
producet ane Act of Secreit Counfall, extractit furth of the biiikis thairof, vnder 

1 Spotswoofs Church Hist., 433. * Wood's Peerage, I. 123. 3 Anon. Hist. Scot. MS., 

Adv. Library. 28. Balf. Ann., II. s Ibid. 42. 



43&7JAC. VI. CRIMINAL TRIALS. 67 

the figne and fubfcriptioun of James Prymrois, Clerk of Counfall, of the dait the 
tent day of Auguft laftbypaft ; beirand, that Williame Lord Douglas and James 
Lord Torthorrell compeirit perfonallie befoir the faidis Lordis, and promeift in 
thair prefens, that betuix and the tuentie day of September than nixtocum, 
quhilk is this day, thay fould ather perfew the faid Andro, criminallie, befoir his 
Maiefteis Juftice and his deputis, in the Tolbuthe of Ed r , ffor airt, pairt, red and 
counfall of the Slauchter of vmq le James Lord Torthorrell, or ellis, that thai 
fould reconceill thame felffis with the faid Lord Vchiltrie, and be agreit with 
him. And in refpect, that thai tuik betuix and this day to perfew him, quhilk 
is the laft day contenit in the Act ; thairfoir, the faid Lord Vchiltrie, for tryell 
of his innocencie of the faid allegit cryme, now compeiris, and offeris him reddie 
to abyde the tryell of the law, for airt, pairt, red and counfall of the faid Slauch 
ter ; quhairof he is altogidder Innocent, difaffenting to all maner of continua- 
tioun ; proteiling, that the faid Williame Lord Douglas and James Lord Tor 
thorrell, nor na vtheris perfones be hard to perfew him for the faid allegit cryme, 
in ony tyme cuming ; in refpect that thai nor nane of thame compeirit to infift 
in this perfute. 

And lykwayis, the faid Lord Vchiltrie afkit inftrumentis, of the entrie and 
productioun to the Juftice of Andro Stewart, his fervand, to abyde quhatfum- 
euir tryell can be laid to his charge, for the faid allegit Slauchter. Lykas, the 
faid Andro Stewart, for himfelf, being perfonallie prefent, offerit himfelf to the 
tryell of the law, for the Slauchter aboue fpecifeit ; quhairof he declairit him 
felf to be maift Innocent ; difaflenting to all continuatioune ; and thairupone 
afkit inftrumentis. 

LETTER, the Privy Council to the King, anent the Slauchter of the Lord 

Torthorwall. 1 

MOST SACREID SOUERAYNE, 

THAIR hes ane wnhappie accident fallin out heir, this morning, betuix fex and fevin of the clok, 
by the flauchter of James Douglas of Torthorwell, committit be W a Stewart, fone to wmq 11 S r W a 
Stewart, quho, althocht the principal! pairtie had acgreied with the faid wmq 11 James, and reflaveit 
Affythment and fatisfactioune to his awin contentment, the faid W a mifknew this acgrement, paft to 
the home for not geving affurance, and awaittit the occafioun of this morning ; quha, finding the faid 
James fimplie accumpaneid vpon the Hie Streit, a littill beneth Croce, he difparatlie fett upone him, 
and, with ane ftraick, flew him ; and the gaitt 2 being quyett, he efcheapid. We have cauffit chairge 
the partie compeire and anfuer, and fall profequut and follow out all wther ordinarie courfe of law and 
juftice quhilk is vfuall and accuftumed in the lyk caiffis. And, in cais of his not compeirance, fall 
caus denunce him, and pairvpone fall direct Commiffiounes to the ordinarie Magiftratis of the country 
for the perfute of him, with Proclamatiounes, conteining a promes of rewaird to ony perfounes quho 
will tak him. Quhairof we haif thocht meitt to mak 5 our facred Ma tie acquented, and in all reverance 
fall conforme our felffis to quhatfumevir forder directioune it fall pleis jour hienes to give in this mater. 

1 From the Earl of Hadingtorfs MSS., General Register House. * Street. 



68 CRIMINAL TRIALS. A.D. 1609. 

And fua, praying God to grant wnto 3our facreid Ma. a long, happie, and profperous regnne and 
eternal! felicitie, we reft 3our Ma. moift bumbill and obedient fubjectis and fervitouris, 

A. CANCXLL*. DUMBAR. CRAFI-RD. LOTHXANX. LOVAT. BLANTYRK. BALMERINOCH. 
HALIROODHOUS. BCRLT. K. COKBORNX. S. J. SKRYMGEH of Dudop. S. T. HAMILTOUM. 
[DATE not preserved ; but Jul. 7 (or 14) 1608.] 



Nov. 9. BEATRIX WEIR, fpous to Johnne Ferric, buikbinder. 

Dilaiti t of airt and pairt of the di ftructioun of an infant bairne, procreat in Adulterie. 

Compeirit James Hammiltoun, feruitour to my lord Aduocat, and producet 
ane Warrand of the Secreit Counfall ; quhairof the tennour followis. 

JUSTICE, Juftice Clerk and ^our deputtis. Forfamekill as the nynt day of November inilant is 
appointit to Beatrix Weir, fpous to Johnne Ferrie, buik-binder, and Befiie Pook, docbter to Williame 
Pollok, for j'jiir compeirance befoir ;<m-, to vnderly the lawis for the crewall, barbarus and deteflable 
Murthour of the faid Beatrix bairne, procreat be hir in Adulterie: And feing the faid Beatrix con- 
flantlie abydis be hir denyell of that odious and vyld fact, thinking pairby to efchew pwneifchment, 
althocht the faid Beflie Pollok hes confefiit ]>< fact and Murthour to haif bene committit be fame two, 
and conftantlie ftandis be hir Confefiioun. It is our Will pairfoir, and We command 3ow, to routine w 
the faid dyet for a fyftene dayis, to fe effect, in this meayne tyme, the tua wemen may be confrontit, 
and fuche ordinarie meanis as may difcouer and bring to licht the certane treuth of that matter : And 
that 3ow gif ordour and directioun for committing thame bothe to ftrait waird, within the Tolbuth of 
d r , tliair to remane quhill the nixt dyet to be appointit for pair tryell : ffor doing quhairof, tbir pre- 
fentisfall be 5our Warrand. Att Ed r , the fevint of November, 1609. 

* Jo. PRESTOUN. S B . R. COKBURNE. L. CRAIG, Cl 8 Reg ri . 

Conforme to the quhilk Warrand, the Juftice committit the faid Beatrix Weir 
to Waird, &C. 1 



Nov. 9. JAMES MURE in Mynniehagen. 2 

Dilaitit of airt and pairt of Bewitching of Margaret Wicht in Dalmellingtouu, 
and taking fra hir of hir Wittis, be miniftrating to hir of ane Inchantit drink. 

PERSEWAR, Margaret Wicht. PRELOCUTOUR for the pannell, Jofeph Myller, Aduocat. 

The pannell takis inftrumentis of his entrie, and offeris him felf to the tryell of 
the Law, difiaflenting fra all continuatioun; and proteftis for releif of his cautioun. 

THE JUSTICE, in relpect thair is na fufficient number of Affyfe compeirand this 
day, 3 continewis this dyet to the 3 day of the (Juftice) air (of the fliire of Air), 
or foner, vpone xv dayis wairning, to vnderly the law for the faid cryme, vnder 
the panes contenit in the Actis of Parliament ; quha fand Sir Johnne Wallace 
of Carnell, kny*, cautioner for his entrie, to the effect foirfaid. 

1 No entry appears to show the result of this matter. * A depender of the Mures of Auchiri' 

draw and Minihagan. See their Trial for Murder, Jul. 17, 1611, &c. 5 All the Assisers 

absent, eighteen in number ; ' ilk ane of thame vnlawit in the pane of ane hundred) merkis.' 



43&7JAC. VI. CRIMINAL TRIALS. 69 

(1610, Feb. 7.) For the relief of his cautioneris, and tryell of his awin 
innocencie of the faidis alegit crymes, 1 he now compeiris,and maiftwillinglie offeris 
him felf to the tryell of the law for the famyn, difaffenting fra all continuatioun. 
And in refpect that the faid Margaret nor na vtheris compeiris this day to infift 
in his perfute, for the faidis allegit crymes, and that this is the fecund dyet keipit 
be him, for abyding tryell thairof, haifing cum threfcoir myles, or thairby, to 
that effect ; and that the famyn perfute is bot maliciouflie inventit aganis him, 
be the faid Margaret, for hir awin previe advantage, be railing of Letteris aganis 
him ; and the perfones fummond be hir vpone his Aflyfe, of quhome fcho hes 
reffauit grit fowmes of money in compofitioun, to abyde at hame : Proteftis, in 
refpect of the premifles, for (Sir) Johnne Wallace of Carnall his releif of his cau- 
tionerie, and that he be nocht callit, trubellit, or perfewit, at the inftance of the 
faid Margaret, or ony vther pairtie, for the allegeit crymes aboue fpecifeit ; na- 
ther yit that my lord Juflice fuffer Letteris to be direct aganis him to that effect, 
in ony tyme cuming : Quhilk proteftation the Juftice admittit, &c. 

[Sir Williame Hairt, JuJlice-DeputeJ] 



Nov. 17. ALEXANDER FRENCHE, brother to Johnne Frenche, Tutour 
of Thornydikis. 2 

Dilaitit of airt and pairt of the Hurting and Wounding, with fchottis of pif- 
tolettis, of George Home of Baffinden and Andro Home, his brother, as in the 
following DITTAY. 

FORSAMEKILL as it is expreflie provydit, ftatute, and ordanit, be the Actis of 
Parliament, that na manner of perfone nor perfones tak vpone hand to beir, weir, 
or fchute with hagbuttis or piftolettis, or have the famyn in thair cumpanies, 
oppinlie, outwith houffis, vnder the pane of cutting of thair richt hand ; as the 
faidis Actis of Parliament at lenth beiris : And trew it is, that the faid Alex 
ander French, accumpaneit with Johnne French, Tutour of Thornydykis, his 
brother, and vtheris thair complices, nocht only hes borne and worne piftolettis 
vpone thair perfones and in thair cumpaneis, oppinlie and avowedlie, within 
dyuerfe pairtis of the boundis of the fcherefdome of Beruik, and bai^erie of 
Lauderdaill, thir dyuerfe yeiris bygane, daylie and continuallie, as thair ordiner 
wappones ; bot alfo, the faid Alexander and Johnne, his brother, being furelie 
informet, that the faid Andro Home was to cum furth of the faid Place of Baf- 

1 Having been summoned to appear before the Justice this day. 2 The pursuers passed from 

the pursuit of ' Patrik Cranftoun of Corfbies, Robert Ker of the Schaw, Patrik Tait, and Williame 
Cranftoun, his tua fervandis, Johnne Frenche, callit the Bq/lard, lone naturall to Robert Frenche of 
Thornydykis ; and Thomas Erflcyn." 



70 CRIMINAL TRIALS. A.D. 1609. 

fmden to Reidpeth, for doing of certane his necefiar effairis and bu (fines ; thay, 
vpone the xxv day of September laftbypaft, being bodin in feir of weir, with 
fecrettis, plait-flevis, lances, hagbuttis and piftolettis, lay at await in the faid 
Andro his hie way, befyde Fawnes-furd, and thair fet vpone him, and crewallie 
invaidit him for his Slauchter, fchot and dilafchet 1 thair hagbutis and piftolettis 
at him, hurt his horfe, and chaifit him felf to the Place of Carolefyde ; contra 
vening thairby the tennour of the faid Actis of Parliament. Be occalioun of the 
quhilk perfute, thay being raiiit in the cuntrie, and the bruit pafland, that the 
faid Andro was (lane and tane in to Carrolefyde, and the famyn haifing cum to 
the faid George knawlege, he, to try the certantie thairof, lap on vpone horfe- 
bak, and cam ryding to the Place of Carolefyde, in fober maner, him felf allane, 
lipning for na harme, iniurie or perfute to haif bene done to him, the faid Alex 
ander French, accumpaneit with his faid brother, and vtheris thair complices, 
nochtwithftanding of the former iniurie done as faid is, being bodin in feir of weir, 
with hagbuttis, piftolettis and vtheris wappones, invajiue, convenit thame felffis 
at the Chapel-wallis befyde Corfbie and dykis 2 thairof, quhair thai lay darnit 3 
in fecreit maner, awaiting, gif ony wald cum and revenge the former deid ; and 
thair, at the Chapell-dykis, in the faid George cuming to the faid Place of Ca 
rolefyde, vmbiefet his hie-way, and maift crewallie invaidit him for his Slauch 
ter, fchot and difcharget thair piftolettis and hagbuttis at him, quhairwith thay 
fchot fewin bullettis in his left thie, hurt and woundit him thairwith, to the 
effufioun of his bluid in grit quantitie : And the faid Alexander is airt and pairt 
of the faidis crymes ; and hes thairthrow incurrit the panes and punifchment 
prefcryuit be the faid Act of Parliament. 

PERSEWARIS, George Home of Bafiindene, Alexander Home, his brother ; Sir Thomas Hammiltoun. 
PRELOCUTOUR for the pannell, Mr Williame Oliphant. 

It is allegit aganis the firft article of the Dittay, anent the generalitie of the 
beiring and weiring of piftolettis, that the famyn is nocht relevant, nocht con- 
difcending the fpeciall tyme and place, quhair and quhan the famyn war borne 
or worne. The Aduocat declairis he perfewis the pannell for beiring and fchuit- 
ing of hagbuttis and piftolettis, the tyme lybellit, outwith the boundis of his 
duelling houfiis, cloiffis and yairdis. Andro Home, ane of the perfewaris, de 
clairis, that in his perfute be the Tutour of Thornydykis, Alexander his brother 
was in company with him, with ane lance ; the Tutour haifing piftolettis, and 
fchuitting at him thairwith. 

It is allegit be Alexander French, that this Dittay can nocht be put to the 
knawlege of ane Aflyfe ; under proteftatioun, that he nawayis grantis the Dit 
tay, becaus the famyn was done within the Place of Corfbie, and yairdis thair- 

1 Dfjlafcher, Old Fr. to discharge, to let off. 2 Walls, stone fences. 3 Hidden, concealed. 



43&7JAC. VI. CRIMINAL TRIALS. 71 

of. It is anfuerit be my lord Advocate, aucht to be repellit, in refpect of the 
fumrnondis and place thairin defignit, viz. outwith the Place of Corfbie ; nather 
yit was the Place of Corfbie the faid Alexander Frenches duelling place. 

It is allegit for the faid Alexander, vnder proteftatioun foirfaid, that the faid 
Alexander, the tyme lybellit, and the fpace of the moneth befoir, duelt and maid 
his refidence within Corfbie ; lyk as, the perfewar, George Home, affiftit with 
fome peribnes, bodin in feir of weir, with hagbutis and piftolettis, perfewit and 
invaidit the faid Alexander, and fchot thair hagbuttis and piftolettis at him, he 
being then ganging within the corne yaird of Corfbie, at the barne-dur thairof ; 
of the quhilk fchot the barne-dur can yit record : And vnder proteftatioun, that 
he nawayis grantis ony fchuting, as he fchot nocht, he aucht nawayis to be put 
to the knawlege of ane Inqueift for the faid cryme lybellit, becaus he mycht haif 
lauchfullie borne and worne piftolettis, and vfet thame for his awin defence, 
within his awin duelling place, he being perfewit, as faid is. Anfueris, vnder 
proteftatioun, that I nawayis grant Corfbie to be the defenderis duelling place ; 
that he aucht to be put to the knawlege of ane AfTyfe, becaus the fact lybellit 
was committit outwith the place of Corfbie and yairdis thairof, in the place ly 
bellit ; nather is hagbuttis or piftoletis wappones of lauchfull defence. 

THE JUSTICE referrit the famyn to the knawlege of ane Aflyfe. 

George Home of Baffinden, be his aithe, declairit, that Alexander French, 
being outwith the dykes of Corfbie, fchot ane piftolet at his fervand Johnne 
Baird, the tyme contenit in the Dittay. The faid Andro Home, his brother, 
lykwayis fuorne, declairis, that he, being perfewit be Johnne French, Tutour of 
Thornydikis, with hagbuttis and piftolettis, the tyme lybellit, the faid Alexan 
der Frenche, his brother, followit him with ane lance in his hand, being vpone 
fute, and perfewit him. The faid George Home, be his ayth, declairis, that 
Alexander French, this tua yeir bygane, hes borne and worne piftolettis, as his 
ordiner wappones ; contrair the Actis of Parliament. Upone the quhilkis De- 
clarationis, be the perfeweris athis, gevin as faid is, afkit inftrumentis* 

VERDICT. The Affyfe, be the mouth of Johnne Cranftoun in Baffinden, chan- 
celler, for the maift part, Clenges the faid Alexander Frenche of beiring, weir 
ing and fchuitting of hagbuttis and piftolettis ; and of fchuiting of hagbuttis 
and piftolettis at Andro Home, brother to George of Baffinden ; and of the tua 
firft articles of Dittay foundit thairupoun : AND all, in ane voce, ffindis the faid 
Alexander to be Giltie of his being in cumpanie with Gilbert Cranftoun ; quha, 
the tyme contenit in the Dittay, fchot ane hagbute or piftolett at George Home 
of Baffinden, and hurt him thairwith in his left thie ; quhilk fchote was fchote 
be the faid Gilbert, outwith the barne-yaird-dykis of Corfbie, the faid Alexander 
being remaning within the barne-yaird for the tyme. 



72 CRIMINAL TRIALS. A.D. 1609. 

THE JUSTICE ordanit the faid Alexander Frenche to be committit to waird, 
within the Tolbuth of Edinburgh, thairin to remane vpone his awin expenffis, 
vnto the tyme he war advyfet with the Counfall, anent his dome, to be pronun- 
cet thaimpoune. 



Boating; of Pstottt*. 

Nov. 17 __ JOHNNE FRENCHE, Tutour of Thorn ydikis, and Gilbert 

Cranftoun, father-brother to Patrik Cranftoun of Corfbie. 
THE JUSTICE ordanit Laurence Symfoun of Craighous and James Sandilandis 
of Gillifwallis, cautioners for the faid Johnne, to be in amerciament in the pane 
of ij c merkis, for his nocht entrie ; and Robert Hepburn in Eift Fentoun, bro 
ther to the Laird of Craig, as cautioner for the faid Gilbert, in the pane of ij c 
merkis : And ficlyk, that the faid Johnne and Gilbert fould be denuncit rebellis 
and put to the home, and all thair moveabill guidis to be efcheit, &c. 

Stmttf n an* iflaintatnfnjj 



Nov. 17. DAUID SPALDING of Effintullie 

Compeirit with M ns Williame Oliphant and Henrie Balfour, his prelocutouris, 
quha enterand him felf vpone pannell, exponit and declairit, that fforfamekill as, 
vpon finifterus informatioun gevin to the Lordis of Secreit Counfall, command 
was gevin be thair lordfchipis to Sir Thomas Hammiltoun of Bynnie, kny 1 , Ad- 
uocat to our fouerane lord, for his hienes entreis, to perfew him befoir the Juf- 
tice or his deputis, for the allegit treffonable Resetting, fupplieing, and main- 
tening of Alexander Ruthven, burges of Perthe, his Maiefteis declarit tratour, 
within his duelling places of Effintullie and Enoche, at the tymes particulerlie 
fet doun in the faid informatioun ; lyk as, criminall Letteris being direct at the 
faid Aduocattis inftance, aganis the faid Dauid, be the quhilkis he was charget 
to find cautioun actit in the buikis of Adiornall, that he fould compeir befoir the 
Juftice or his deputis, this day and place, and vnderly the Law for the faidis 
allegit crymes, and vtheris contenit in the Letteris direct thairupoun, quhairof 
he is altogidder innocent : ffor obedience quhairof, vpoun the fourt day of July 
laftbypaft, he ffand Harie, Lord St Colme, 1 cautioner for his compeirance this 
day, &c. ; for quhais relief, and tryell of his awin innocencie, he now com- 
peirit ; diflaflenting fra all maner of continuatioun : And in refpect our fouerane 
lordis Aduocat, nor na vtheris his lordfhipis informeris wald infift in his per- 

1 This Nobleman was the second son of James, Lord Down, and brother of James, Earl of Moray. 
He had the monastery of St Colme's Inch and lands belonging thereto, erected into a temporal lord 
ship, with the title of a Peer of Parliament, as Lord Saint Colme. He died Jul. 12, 1612. 



43&7JAC. VI. CRIMINAL TRIALS. 73 

fute, tuik inftrumentis, &c. ; and proteftit for his faid cautioneris relief ; and that 
he him felf fould nocht be callit,trubillit, nor perfewit for the allegit crymes aboue 
mentionet ; bot that he fould be affbilzeitjimpliciter thairfra, in all tyme cuming. 



Jtfri&fng a person toitljm ifyt Cclfcootl) of <&fnfrurs!), 
fitting of tje orte of J^mrtom 

Nov. 18. Mr JOHNNE KERR, fone to Andro Ker of Mylnerig, and 
George Lokhart, feruitour to the Laird of Corftorphin, 
younger. 

Dilaitit, accufet and perfewit, be BiTTAY, of the Crymes following. 

FORSAMEKILL as, be Act of our fouerane lordis threttene Parliament, his Maieftie and eftaittis 
ordanit, that quho euir fould ftrek or hurt in any tyme thaireftif, any perfone within the Vtter-Tolbuth 
of Ed r , the tyme that the Lordis of Seflioun fittis for adminiftratioun of Juftice, fal incur the pane of 
daith ; and fall be accufed criminallie thairfoir : Without regaird quhairof, and of that refpect and reue- 
rance quhilk it became the faidis Mr Johnne and George, or ather of thame, to haif borne to the 
Lordis of Seflioun, being convenit in the Inner Tolbuthe of this burcht, for adminiftratioun of Juftice 
to his Maiefties legis, and thairby reprefenting his Maiefties perfone and authoritie ; the faid MR 
JOHNNE, vpone the auchtene day of November inftant, cam to the Vtter-hous of the faid Tolbuth, 
callit the Mid-hous, and feing the faid George Lokhart, feruitour to the Laird of Corftorphin, Younger, 
following his maifter, in companie with my Lord of Kilfithe, 1 defyrous to enter within the faid hous^; 
and he beiring grudge and malice aganis the faid George, vpone fum former difcoirdis betuix the faid 
Mr Johnes father, him felf, and his vmq le brother Andro Ker and the faid George Lokhart, the faid 
Mr Johnne ftuid in the faid dur, and wald nocht fuffer him peceablie to pas by, bot forceablie rufched 
the faid George, in the bygoing, and had almoft ftrukin him to the grund ; and immediatlie thairefter, 
drawing his dager, invaidit him thairwith, and ftrak at him for his Slauchter; and ftrak the faid George 
throw the cloik, within the faid hous, and had nocht faillit to haif flane him, gif the faid Mr Johnne 
had nocht bene ftayit and red be fum gentilmen being prefent for the tyme, quho wer commandit be 
my Lord of Kilfith to "red 2 thame ; and tuik the faid Mr Johnne to waird, for his faid offence : 
Quhairby he hes tranfgrefied the faid Act of Parliament, and incurrit the panes contenit thairin. 
LYK AS, the faid GEORGE LOKHART, vpone the faid auchtene day of November inftant, about nyne 
houris, or thairby, befoir none, haifing of lang tyme of befoir confauit ane deidlie feid, haitrent, and 
malice, aganis the faid Mr Johnne Ker, fone to the faid Andro Ker of Mylnerig, for certane injurious 
langage paft betuix thame, and for the faid George hurting of Andro Ker, brother to the faid Mr 
Johnne, in the hand ; and this day, finding the faid Mr Johnne ftanding in the dur of the Mid-hous 
of the faid Tolbuth, quhilk cumis in frome the bak-turnepeck thairof, the faid George violentlie rufch- 
ing the faid Mr Johnne fordward within the faid dur, immediatlie thaireftir drew his dager, and ftrak 
at the faid Mr Johnne thairwith, for his flauchter, vpone the heid, with the faid dager ; and had nocht 
faillit to haif flane him, gif the faid George had nocht been ftayed be fum gentilmen, being prefent for 
the tyme, quha entred betuix thame, and be commandiment of my Lord of Kilfithe, in quhois prefence 
the faid cryme was committit ; quha caufit apprehend the faid George, and put him in waird : Quhairby 
be hes lykwayis tranfgreffit the faid Act of Parliament, and incurrit the panes thairin contenit. To 

1 Sir William Livingston of Kilsytb, one of the ordinary Lords of Session, and afterwards a Privy Councillor, 
&c. * To separate them ; by no means a safe or easy office in those times, when ' quhingaris' and ' pistolets' 

were the swift messengers of vengeance. The Tedder's portion, in an affray of this sort, became proverbial for both 
parties often joined in punishing his temerity ! Hence, the redding-stmih was frequently one of the deadliest in the 
' tuilzie.' 

VOL. III. K 



74 CRIMINAL TRIALS. A.D. 1609. 

the taikin, the faid Lorclis of Seflioun, haiffing callit thame, and ather of tliame, befoir thair Lord- 
fchipis, for tryell of the faid cryme, thay, be the faidis perfones awin Confefiioun, and Depofitioun of 
dyuerfe famous witnefles, fand that the faidis Mr Johnne and George, and ather of thame, had con- 
t raven i t the faid act ; and Ordanit thame to be put to ane Tryell for the famyn. 

Eftir reiding of the quhilkis tua Dittayis, and accufatioun of the faid Mr 
Johnne Ker and George Lokhart, be vertew thairof, our fouerane lordis Aduo- 
cat, for verifeing thairof, producet the faid Mr Johnne and George awin Confef- 
fioun, togidder with certane Depofitiones of dyuerfe famous l Witnefles, fuorne 
and examinat in prefens of the Lordis of Seflioun, in the faid matter. 

The pannell, Mr Johnne Ker, denyis that poynt of Dittay, quhair he was 
' within the Tolbuth,' the tyme of the committing of the cryme ; hot was vpone 
the flair and entrie of the dur. Lyk as, the faidis perfones on pannell, being 
inquyret, judiciallie, be the Juftice, Gif thai had any thing to fay, quhy the faidis 
Dittayis producet aganis thame fould nocht be put to the knawledge of ane 
Aflyfe ? ffor anfuer thairto, maift humlie acknowlegit and confeffit the premifles 
to be of veritie ; and referrit thamefelffis in his Maiefteis will for the famyn. In 
relpect quhairof, the Juftice Ordanit the faidis perfones to be tane bak to waird 
to the Tolbuth of Ed r , thairin to remane quhill his Maiefteis will war fchawin 
thairanent 



tmfcer trust* 

,Nov. 22. JOHNNE STEWART, fone to vmq le James Lord of Doun, (bro- 

ther-german to Harie Lord St Colme.) 2 

Dilaitit of airt and pairt of the murthour of vmq le Johnne Gib in Over Lef- 
foddie ; committit in the moneth of Junij 1608 yeiris. 

PERSEWARIS, Befiie Dik, the relict cf vmq u ' Johnne Gib. Sir Thomas Hammiltoun. 
THE faid Johnne Stewart, being accufet of the faid flauchter, maift humblie, 
vpone his kneyis, in prefens of the Juftice and Lordis of Secreit Counfall, Con- 
feflis the flauchter, and craves God and the Kingis Maieftie pardoun; And 
offeris to the partie quhat fatisfactioun he is able to content thame with, be the 
advyfe of his frendis. Quhairupoun the Aduocat afkit inftrumentis. 
The Aduocat producet the DITTAY, following. 

JOHNNE STEWART, fone to vmq le James Lord Doun, 3e ar indytit and accufet : Forfamekill as 30, 
bauing confauet ane deidlie feid, haitrent, and malice, aganis vmq lc Johnne Gib in Over Lefledie, 
caufles, without ony occafioun gevin be him to 3 on; hot only, for ane fuddane difcord falling forth 
betuix 3 our horfe-boy and fervand, quhairof the faid Johnne was al togidder innocent and ignorant, 36, 
vpone the . . . day of Junij, the 3eir of God I m .Vj c . and audit yeiris, drinkeand at Keltieheucb, in the 
hous of Johnne Greve fair, avowit maift ere wall ie and malicioufly to bereif ]>e faid vmq le Johnne 
Gib of his lyfe : And for performeing pairof, being inftantlie bent to feik him at his awin lions, and 30 
being ftayit be James Cranfurd, and fum vtheris quha liapnit than to be in jour company, 3 e, to red 

1 Penons of good fame and credit. * So described in the second diet See Note to Nov. 17, 1609. 



43&7JAC. VI. CRIMINAL TRIALS. 75 

3 our felf of pat inapefchment, 1 faythfullie promittit and gaif 3 our hand 2 to the faid James Craufurd, 
that 30 fould nocht fat nycht go towardis the faid Johnne Gibis hous, bot pat 30 wald ryd towardis 
the brig of Gairny : Nochtwithftanding quhairof, fa fone as 30 gat 3 our horfe, 36 raid in all haift to 
je faid vmq le Johnne Gibis hous, in Over Leflbdie, about ]>e glomyng of the nycht, 3 and chopping 4 
at pe dur, and calling vpone him be his name, he being than lyand in his naikit bed, takand the nychtis 
reft, and feiring na iniurie, invafioun, nor harme to haif bene done to him, be any perfones, and fpe- 
ciallie by 3ow, quha in all tyme preceiding had bene in profeflit freindfchip with him, and had reflauit 
dyuerfe plefouris and gratitudis of him, fa fone as he hard 3 our voce, inflantlie raife in his fark, 5 and 
oppint his dur to 3ow ; quhair 30, without ony cans, vpgeving of freindfchip, or adverteifing him of his 
ikaith or danger, ftraik him with 3 our dager in the breift, neir the heart, and gaif him pairwith ane 
deidlie wound, vnder treft, freindfchip and credeit : Of the quhilk wound he depairtit this lyfe within 
les nor fourtie aucht houris pairefter. AND fua, 36 maift crewallie and vnmerciefullie flew the faid 
vmq le Johnne Gib, vnder clud and filence of nycht, within his awin hous, be way of Hame-fuckin and 
vnder treft ; to pe grit contempt of our fouerane lord, his hienes auctoritie and lawis, &c. 

To THE TAIKIN, 6 that, incontinent paireftir, 36 returnet bak to the faid Johnne Grevis hous in Kel- 
tieheuch, and calling furth vpone Nicoll Rowane, inquyret of him, * quhais man 7 Johnne Gib was ?' 
Quha anfuerit, that ' he was my Lord Chancelleris man ;' 30 faid, ' and 8 he war the Devillis man, 36 
had gevin to him the thing that wald flaik 9 him !' To the taikin alfo, pat vpone pe morne paireftir, 
30, cuming in, in the moirning, to ane houfe in Aberdour, quhair James Baveredge, in Keltieheucb, 
and Alex r K ell ok war drinking, 36 demand! t at James Baveredge, ' Quhat newis ?' Quha anfuering, 
that ' He hard na newis that was guid I' and, ' That 30 mycht haif bene in 3our bed that nycht, quhan 
50 gaif that hurt to Johnne Gib, quhairof he wald die I' 3e, taking out 3our bludie dager, faid, ' he 
could nocht be the war, 10 becaus 30 had gevin him bot ane po r !' u To the taikin lykwayis, 50, being 
charget to find cautioun, to compeir befoir the Juftice, at ane certane day bygane, to haif vnderlyne 
the law for the faid cryme, paft to pe home ; quhairat 30 haif lyne continuallie fenfyne. 

THE JUSTICE continewis this matter, anent Johnne Stewards tryell, to Fry- 
day nixt, quhill 12 he be advyfet with the Counfell. 

(Nov. 24.) THE JUSTICE Ordanis the pannell to be put to ane Aflyfe ; 

nochtwithftanding his becuming in Will, the laft dyet. 

ASSISA. 

Williame Trumbill of Airdrie ; Johnne Dunbar of Mynnieweik ; William Cuming of Ernefyde ; 
The Laird of Partoone, 3ounger ; Johnne Johnneftoun of Raiecleuch, tutour of Johnneftoun. 13 

THE pannell of new agane Confeffis the Dittay, and craves Godis mercie, &c. 

VERDICT. Eftir accufatioun of the faid Johnne Stewart, be Dittay, and the 
faid Johnnes Judiciall Confeffioun, maid in prefens of the Juftice and Aflyfe, 
granting the faid fact ; and maift humblie, vpone his kneyis, craveing God, our 
fouerane lord the Kingis Maieftie, and the partie, pardoun thairfoir ; the faid 
Aflyfe, be the mouth of the faid Johnne Johnneftoun, chanceller, all in ane voce, 

1 Hindrance, old Fr. 2 A solemn mode of affirmation and promise, still used amongst the pea 
santry of Scotland ; and considered as sacred and binding as an oath. 3 Twilight. 4 Knock 
ing at the door. 5 Night-shirt. 6 In token; proof, or testimony of the above. 7 Feu 
dal vassal. 8 If; an. 9 Literally, quench ; sloken, or slake. 10 Worse. Pro 
bably for power, only one blow or stroke. Purr is still used, to denote a push made by a bull or 
an ox, &c. when he runs at and gores another. " Until. 13 The rest were < mercheandis,' 
and persons of no note. 



76 CRIMINAL TRIALS. A.D. 1609- 

fland, pronuncet, and declairit the faid Jolmne Stewart, accoirding to his awin 
Judiciall Confeflioun, to be ffylet, culpable, and convict of the crewall Murthour 
and flauchter of the faid vmq 1 ' Johnne Gib : committit in maner, and at the 
tyme fpecifeit in his Dittay. 

SENTENCE. To be tane to the place of his Executioune, and thair his heid 
to be ftruckin from his body ; and all his moveabill guidis to be efcheit and 
inbrocht to his hienes vfe, as convict of the faid cryme. Quhilk was pronuncet 
for dome. 



of ftaa&ute antJ Jjtotolet* 

Nov. 22. ROBERT JOHNNESTOUN, feruitour to my Lord Forbes. 
Dilaitit of the beiring and weiring of hagbuttis and piftolettis, contrair the 
Actis of Parliament ; and of Periurie, as the Dittay beiris. 

PERSEWAR, Sir Thomas Hamrniltoun of Bynnie, kny 1 , Aduocat to our foaerane lord. 
PRELOQUUTOURIS for the pannell, Mr Alexander King, Mr Johnne RulFell, Mr Robert Learmonth. 
My Lord Aduocat produceit ane Decreit of the Lord is of Counfall, decerning 
the laid Robert to haif contrauenit the Actis of Parliament, in bering and wering 
of hagbutis and pistolettis ; of the dait, at Ed r , xxvij of Junij. The Aduocat 
infiftis vpoun the beiring and weiring of hagbutis and piftolettis, quhairupoun 
the pannell afkis inftrumentis. My Lord Aduocat produceis his Maiefteis 
Letter, as Warrand of this perfute. 

It is allegit be Robert Johnneftoun, that he can nocht be put to ane Affyfe, 

for weiring of hagbuttis and piftolettis, lybellit ; becaus, be Act of Parliament, 

in November, 1600 yeiris, it is fpeciallie provydit, that fie perfonis as fall be 

perfewit befoir his hienes and Lordis of Secreit Counfall, and tryit be probatioun 

of Witnefles, giltie of bering and wering of hagbuttis or piftolettis, fall nocht 

incur the corporall punifchment in the former Actis, be amputatioun of the rycht 

hand ; bot only to be puneifchit, be wairding of thair perfonis, efcheit of thair 

guidis-moveabill, or payment of fie pecuniall fowmes of money as his hienes and 

lordis of Secreit Counfall fall declair : And trew it is, that in the perfute, intentit 

be my lord Aduocat, quha is now perfewar aganis Airthour Lord Forbes, for 

the particuler factis contenit in the perfute intentit thairupoun ; bot fpeciallie, of 

his Lordfchip being accumpaneit with Dauid Forbes of Petlethie, his brother, 

Williame Garioche, younger of Kinftair, and the faid Robert, now enterit vpone 

pannell, was challanget per exprejjum ; in maner as is contenit in the faid De 

creit : Be the quhilk Decreit, the faidis Lordis of Counfall, nocht only tuik tryell 

anent the faid Lord Forbes, for him felf, bot alfo anent the faidis Williame 

Garioche and Robert Johnneftoune thair beiring and weiring of hagbuttis and 

piftolettis ; and finding thame giltie thairof, ordanit the faid Robert Johnne- 



43&7JAC. VI. CRIMINAL TRIALS, 77 

iloun and Williame Garioche to be committit to the tolbuth of Ed r , and that for 
weiring and beiring of piftolettis, in the tyme contenit in the Dittay : And thair- 
fore, the faid Robert Johnneftoun can nawayis be put to ane Afiyfe. And for 
verificatioun, producet the Act of Parliament, with the Decreit of Counfell. 
It is anfuerit, be my lord Aduocat, that the Act of Parliament ordanis na pro- 
cefles intentit befoir the Juftice for weiring of hagbutis and piftolettis to ftay, 
bot quhair the faidis defenderis has been perfewit befoir the Lordis of his Ma- 
iefteis Secreit Counfell, be his Maiefteis Thefaurer or Aduocat : And the Decreit 
of Secreit Counfell produceit beiris na actioun to haif bene intentit or perfewit, 
be his Maiefteis Thefaurer or Aduocat, befoir the Counfell, aganis the pannell, 
for the cryme contenit in the Dittay. Thairfoir, the Decreit of Counfell producet 
can nocht ftay proces. 

It is allegit, that the Juftice can nocht proceid aganis the pannell, for the 
Periurie, in refpect thair is na Warrand gevin for his perfute thairfoir. And 
forder, the Warrand producet refolues only anent the puneifchment to be inflicted, 
be amputatioun of his rycht hand, he being convict of beiring and weiring of 
piftolettis. To the quhilk, it is anfuerit, be my lord Aduocat, aucht to be re- 
pellit, in refpect of the Warrand gevin to him be the Lordis of Secreit Counfell 
to perfew the pannell, baith for the beiring and weiring of piftolettis, and for the 
Periurie contenit in the Dittay. 

THE JUSTICE continewis this matter to the xxiiij inftantis., quhilk is Fryday ; 
and ordanit the pannell to be tane bak agane to waird. 

(Nov. 24.) THE JUSTICE, haifing acquentit the Lordis of his Hienes 
Secreit Counfall with the proces perfewit be his hienes Aduocat, aganis the faid 
Robert Johnneftoun, for bering and wering of hagbutis and piftolettis, and with 
the haill allegeances and defenffis proponit hinc inde be thame, and anfueris maid 
thairto ; Eftir reding of the Act of Parliament and Decreit of the faidis Lordis 
of Secreit Counfall, quhairupoun the defenderis alledgeances and defence is 
foundit, and produceit for verificatioun thairof ; ffindis, with expres auife of the 
faidis Lordis of Secreit Counfall, that this mater aucht nocht to be put to the 
knawledge of ane Affyfe, in refpect of the foirfaid Act of Parliament, and Decreit 
of the faidis Lordis of Secreit Counfall, produceit : And Ordanis the faid Robert 
to be tane bak agane to the Tolbuthe of Ed r , thairin to remane, vpone his awin 
expenffis, quhill he fatisfie his hienes Thefaurer, accoirding to the Counfall 
modificatioune. 



Dec. 29. WILLIAME GUTHRIE of Ravinlbie. 

Dilaitit of airt and pairt of the Slauchter of vmq le Patrik Gairdin of that Ilk ; 
committit in Maij I m .V c . Ixxviij. 



78 CRIMINAL TRIALS. A.D. 1610. 

PERSEWERIS, Robert Gairdin, oy l to the defunct, Mr Tho" Henderfon, fubftitute to the Lord Aduocat. 
PRELOCUTOUR for the pannell, Mr Thomas Hoip. 

The pannell takis inftnimentis of his entrie ; and producet ane Refpett, vnder 
the Previe Seill, of the dait, Jan. 24, 1600, maid and grantitfor the fpace of xix 
yeiris : And, in refpect thairof, allegit that the Juftice could nocht put him to 
the tryell of ane Atiyfe. It is anluerit, that the Refpett is null ; in refpect, 
conform to the Act of Parliament, he fould haif fatisfeit the pairtie, and fchaw 
ane Letter of Slanes thairupoune. 

THE JUSTICE admittis the Refpett producet ; and Ordanis the pannell to 
find cautioun to fatisfie the partie ; quha fand Alexander Guthrie, ffiear of that 
Ilk, cautioune with himfelf, to fatisfie the partie ; conforme to the lawis of this 
realme. 

[Sir Wtlllame Heart, JuJlice-Depute.'] 

ASSESSORES JVSTICIARIO. 

Mr Johnne Preftoun, Prefident, 8 Walter Lord Blantyre, My Lord Previe Seill, 3 My Lord Kilfyth. 4 

ISarftanms 4tturtor--1)<)ottng toitf) ims&ute, &t. 

Feb. 2, 1610. JAMES GORDOUN, in Over Auchinrath, eldeft fone to 
Johnne Gordoun of Liecheftoun, and Alexander Gor- 
doun of Oxhill. 6 

Dilaitit of airt and pairt of the Slauchter of vmq le Alexander Abircrumbie of 
Pitmedden. PERSEWERIS. 

Hectour Abircrumbie of Wefthall, Adame, M c Walter, and Robert Abercrumbie, all fones ; Williame 
Abercrumbie, as oy ; Sir Thomas Hammiltoun of Bynnie, kny 1 . 

PRELOCUTOURIS for the pannell, Mr Alexander King, Mr Thomas Mawer, The Laird of Lefraoir. 

DITTAY again/I the Pannels. 

FORSAMEKILL as the faidis JAMES GORDOUN and ALEXANDER GORDOUN, with thair complices, 
with convocatioun of our fouerane lordis legis, to the number of fyftene perfones, or tbairby, all bodin 
in feir of weir, with jakis, fecreittis, fteil-bonnettis, lance-flalffis, fuordis, lang culveringis, dagis, and 
piitolettis, expreflie prohibeit to be borne, worne, vfet, or fchote with, be the Actis of Parliament, 
vnder the panes mentionat thairintill ; vpone the tuelff day of Marche, the yeir of God I m .V c . Ixxxxiij 
yeiris, haifing confauet ane deidlie feid, rancour, and malice aganis the faid vmq le Alexander Aber 
crumbie of Pitmedden, fet vpone the faid vmq le Alexander, at the Mofs of Cokiloun, lyand within the 
fcherefdom of Elgyn and Forres, quhair he was pafland his tyme at the balking, but 6 ony company, 
except his falconeris, in fober and quyet maner, dreidand na evill, harme, iniurie, or perfute of ony 
perfone, bot to haif levit vnder Godis peax and our fouerane lordis ; and thair, expres contrair the 
tennour of the Actis of Parliament, fchot and dilafchet 7 tuentie fchote of hagbuttis and piftolettis at 
the faid vmq le Alexander ; quhairby thay fchote dyuerfe and findrie bulletis in dyuerfe pairtis of his 
body : And haifing circuit him round about, that he was nocht abill to efcaip, thay thairefter pat vio 
lent handis in his perfone, tuik frome him his awin horfe, and cuill him vpone ane bachillane naig, 8 

1 Oe or Oye, grandson. * Of Fentonbarns, President of the College of Justice. * Sir Richard Cock- 

burn of Clerkington. * Sir William Levingston of KUsyth, one of the Ordinary Lords of Session. The 

case was argued before the Justice- Depute on Jan. 31 ; and in consequence of objections being started to the produc 
tion of a Remission in favour of Alexander Gordon, and of a Relaxation granted to James Gordon by the Duke of 
Lennox, &c., the Justice continued the diet to this day. * Without. ' Old Fr. dclascher, to discharge, &c. 

A foundered jade of a horse ; selected, no doubt, for the greater dishonour, and to give greater pain to the wounded 
man by its unsteady and jolting motion. Shauchiliand has a similar signification. 



43&7JAC. VI. CRIMINAL TRIALS. 79 

quhairvpone thay convoyit him, as ane captiue and prifibner, the fpace of ane myle, or thairby, fra the 
faid Mofs, to wardis the Place of Liecheftoun : And being the lenth of ane half myle to the faid Place, 
ane of the perfonis that war of thair companie, of the fpeciall knawlege of the reft, haifing ane charget 
hagbut in his hand, charget with thre bullettis, prepairit for the purpois, at thair fpeciall command and 
directioun, behind the faid vmq le Alexanderis bak, fchot him with thre bullettis throw the body ; and 
thaireftir, maift barbaruflie and crewallie, with thair drawin fuordis, cuttit him all in peces ; and, as 
monfteris in nature, left nocht fax inche of his body, airmes, legis, and heid vndevydit, and cut af under : 
And fa, was maift monilrouflie and crewallie flane and Murthorit be the perfonis foirfaidis : And thay 
and ilk ane of tbame ar airt and pairt of the faid crewall flauchter ; and aucht and fould be puneift 
thairfoir, and for contravening of the Actis of Parliament, in beiring, weiring, fchuitting, and flaying 
with hagbuttis and piftolettis, in manor foirfaid. 

The faid James and Alexander Gordoun tuik thame to tua feueral REMIS- 
SIONES, producet be thame, for the crymes aboue writtin. The ane, grantit be 
our fouerane lord, vnder his hienes Grit Seill, to George Marqueis of Huntlie 
Erie of En3ie Lord Gordoun and Bad3enoche, Sir Thomas Gordoun of Glwne, 
kny*, the faid James and Alexander Gordones, and dyuerfe vtheris perfones, thair 
affifteris and pairt-takeris, for thair treffonable cuming, in opin hoftilitie and 
armour, to the landis of Auldquhannoquhen and Glenlivat, aganis Archibald, 
Erie of Ergyle, his Maiefteis Lieutennent for the tyme, and aganis his Maiefteis 
oift and cumpaneis, vnder the faid Erles leiding and command, in the moneth of 
October 1594 yeiris ; and for the Slauchter of quhatfumeuir perfone or perfones, 
committit aganis his Maieftie or his hienes Lieutennent foirfaid, quhais names 
ar haldin as for expreffit, in the faid Remiffioune ; and namlie, for the Slauchter 
of vmq le Robert Frafer, his hienes Herauld, &c. As the faid Remiffioun, of the 
dait at Halyrudhous, the fecund day of Apryle, 1603 yeiris, in the felf proportis. 
The vther of the faidis Remifliounes, grantit be Ludovick, Duik of Lennox, his 
Maiefteis Lieutennent and Juftice, ouer the North pairtis of this realme, for the 
tyme, Remittand Johnne Gordoun of Licheftoun, the faid James appeirand thair- 
of and Williame his fones, Alexander Gordoun in Fernauchtie, and Williame 
Ewin, fervandis to the faid James ; ffor thair treffonable being in cumpanie, 
affifting, airt and pairt-taking with George, fumtyme Erie of Huntlie, ffrances, 
fumtyme Erie of Errole, and certane vtheris his Maiefteis declairit traitouris 
and rebellis, at the lait Conflict aganis Archibald Erie of Ergyle, &c. 

It is allegit, befoir Interlocutour, be Mr Alexander King, that now he may 
compeir for James Gordoune, becaus he is relaxt ; quhilk relaxatioune he pro 
ducet. It is allegit, be my lord Aduocat, the Relaxatioune is null ; becaus it is 
execute at Ed r , and nocht at the mercait croce of the head bur 1 of the fchyre. It 
is anfuerit, the Relaxatioun is guid aneuch at the mercait croce of Edinburghe. 

It is allegit that the perfones on pannell can nocht be put to ane Affyfe, be 
caus thay haif obtenit Remiffioun fra the Duik of Lennox, quha had Commif- 
fioun of his Maieftie to that effect ; quhilk Remiffioun he producet. It is alle- 



80 CRIMINAL TRIALS. A.D. 1610. 

git, that the Remiflioune is null, gevin be the Duik of Lennox ; becaus his Com- 
miflioun gevis him power to grant Remiffioun, be advyfe of his Counfall ; lyk as, 
the Remiflioun producet beiris, * with advyfe of his Counfell,' and yit nane of 
his Counfell hes fubfcryuit the famyn. It is anfuerit, that thair is na fpeciall 
perfones nominat Counfallouris in the Remiflioune, and thairfoir thair is na 
neceflitie of thair fubfcriptioun ; and haldis him at his Remiflioun, quhilk he 
referris to the Lordis. It is forder allegit, that the Remiflioun is nocht paft the 
Seillis, and is exped be ane quha had na place in the office of Thefaurer for the 
tyme ; and forder, the faid Remiflioun has paft the Regifter, and thairfoir fould 
pafs the Seillis. It is anfuerit, thair is na neceflitie of pafling the Seillis, feing 
it is grantit be his Maiefteis Commiflioun. 

THE JUSTICE, with advyfe of his Afleflburis, appointit be the Lords of Se- 
creit Counfall, ffindis, that this matter can nocht be put to the knawlege of ane 
Aflyfe, in refpect of the Remifliones producet. And ordanis the pannell to find 
cautioun, for fatisfactioune of the partie perfewaris, accoirding to ordinance of 
the Lordis of Seflioune. 

Quhairupoun the perfones on pannell afkit inftrumentis : And ffand my Lord 
Saltoune and the Laird of Lefmoir cautioneris, conjunctlie and feuerallie, to 
fatisfie the parties : And the Laird of Lefmoir become obleift to warrand my 
Lord Saltoune. 

The perfewaris proteftis, that this perfute now intentit be thame, and Inter 
locutor 'aboue written, gevin thairupoun, be nawayis preiudiciall to thame in ony 
vther perfute movet aganis the pannell, in ane vther nature or qualitie, in ony 
tyme cuming : Quhilk the Juftice admittit. Lyk as, the pannell proteftit in the 
contrair ; and afkit inftrumentis thairupoune. 



Jul. 25. WILLIAME GUTHRIE of Ravinfbie, lauchfull fone to vmq le 

Alexander Guthrie of that Ilk. 

Dilaitit of airt and pairt of the Slauchter of vmq le Robert Gairdin of Tullois ; 
committit vpone the Mure callit Carbundow-mure, in the hie-way betuix Bre- 
chin and Dundie, in the moneth of Nouember, 1589 ; vpone fet purpois, proui- 
fioun, and foirthocht fellony. 

PERSEWARIS, Robert Gairdin, as only fone to vmq le Robert Gairdin of Tullois ; Mr Robert Gair 
din, appeirand of Blairtoun; Commiflar Clerk of Aberdene, as neir kinfman; Mr Robert ffoullis, fub- 
ftitate to oar fouerane lordis Adaocat. 

PRELOCUTOURIS in defence, Mr Johnne Ruflell, The Laird of Guthrie. 

The faid Williame Guthrie tuik him to our fouerane lordis Refpett, gevin and 
grantit to him be his Maieftie, vnder the Previe Seill, for the faid Slauchter, for 



44 & 8 JAC. VI. CRIMINAL TRIALS. 81 

the fpace of nyntene yeiris eftir the dait thairof ; quhilk is of dait, at Halyrud- 
hous, the xxiiij day of Jannar, I m .Vj c . yeiris ; and in refpect thairof, allegit, that 
the faid Dittay could nawayes be put to the knawledge of ane Affyfe, for the 
faid Slauchter. To the quhilk it was anfuerit be the Aduocat, that the Refpett 
is null, becaus, conforme to the Act of Parliament, na Refpett nor Remiffioun 
can be grantit without fatisfactioune of partie ; and this perfewar nocht being 
fatisfeit, the Juftice aucht to put the pannell to the knawledge of ane Affyfe. 

THE JUSTICE, nochtwithftanding of the Aduocattis anfuer, eftir reiding of 
the Dittay and Refpett aboue fpecifeit, Admittis the faid Relpett ; and ordanit 
the pannell to find cautioun to fatisfie the partie perfewar, conforme to the lawis 
of this realme ; but preiudice alwayis of his lauchfull defenffis : Quha, for obe 
dience of the faid Juftice ordinance, ffand, with him felfF, Alexander Guthrie 
ffiear of that Ilk, cautioneris, &c. 



ig$ Cuasott Curatttwal Oppression of t&e antljafcitants of 



[As the subsequent Trials of PATRICK, second EARL OF ORKNEY, 1 and of ROBERT STEWART* 
and others, contain the most ample information relative to the infamous and almost unparalleled cruel 
ties and oppressions committed by this tyrannical individual, against the unoffending Inhabitants of 
Orkney and Zetland, it is unnecessary, in this place, to anticipate the extraordinary circumstances 
which are there detailed. The Editor has been at much pains to procure the most authentic Docu 
ments, in illustration of these very remarkable Trials ; to which the reader is referred. They contain 
the fullest and most minute accounts of the shocking atrocities committed by this savage and relent 
less Noble, whose life, estates, and honours, were at length forfeited, in atonement, so far, for his 
frightful crimes. He was beheaded at the market-cross of Edinburgh, Feb. 6, 1614.] 

Aug. 2. PATRIK EARLE OF ORKNAY LORD ZEITLAND, &c. 

Dilaitit of certane Treffonable crymes, at lenth fpecifeit and fett doun in our 
fouerane Lordis Letteris, vnderwritten : 

FOLLOWIS the tennour of the Letteris (DlTTAY.) 

JAMES, be the grace of God, King of Grit Britane, ffrance and Ireland, de 
fender of the faith. To our Louittis [Johnne Blinfell, Hay Herauld] Meffen- 
geris, our fchereffis in that pairt, coniunctlie and feuerallie, fpeciallie conftitute, 
greting. fforfamekill as it is humlie meanit and complenit to ws be our truftie 
and weilbelouit counfalour Sir Thomas Hammiltoun of Bynnie, kny*, our Ad 
uocat, for our intreis, vpone PATRIK, ERLE OF ORKNAY, Lord Zeitland, &c. : 
THAT quhair, it is expreflie ftatute, ordanit, and obferuet, be our lawis and 
Actis of Parliament of this our realme, and be the Cowmoun Law and confue- 
tyde inviolabillie obferued in all Chriftiane and ciuile Nationes, that quha euir 

1 See Feb. 1, 1615. 2 The Trial of Robert Stewart, < bafe fone to vmq le Patrik, lait Erie of 

Orknay,' and others, will be found under Jan. 5, 1615, of the present Collection. 

VOL. III. L 



82 CRIMINAL TRIALS. A.D. 1610. 

dois Treafone aganis the Kingis perfone, or his Maieftie ; or vfurpes vpone 
thame his fouerane authoritie, in poyntis of royall foueranitie, falbe pwneifched 
as Tratouris. AND trew it is, and of verritie, that the faid Patrik, Erie of Ork- 
nay, altogidder vnmyndfull of that dewtie, quhilk, be the bandis of nature, fub- 
iectioun, and allegeance, he audit 1 to ws, and infinite fauouris and benifeitis 
reflauit be him frome ws, hes, be him felff, and vtheris in his name, of his caufe- 
ing, command, reflet, afliftance, and ratihabitioune, in contempt of ws and our 
auctoritie royall, committed and perpetrat the moft (cruel) and trefoneable crymes 
following, at the tymes and in maner vnderwrittin : And was and is airt and pairt 
of the famyn. IN the firft, the faid Patrick, Erie of Orknay, be him felff, his 
deputis, Magiftrattis, and Judges, appointed and depute be him, in the offices of 
Scherefschip, Stewartrie, and Bai^erie of our fcherefdome and bifchoprik of 
Orknay, and lordfchip of Zeitland, rejpectiue, of his caufing, command, afliftance, 
and ratihabitioune, monethlie and ilk moneth, in the yearis of God I m .V c . four- 
fcoir nyne, 1590, 1591, 1592, 1593, 1594, 1595, 1596, 1597, 1598, 1599, 1600, 
1601, 1602, 1603, 1604, 1605, 1606, 1607, 1608, 1609, and ane thoufeand fax 
hundreth and ten yeiris, at the leift in ane or vther of the faidis monethis 
and yeiris, perfewed, accufed, proceidit, and pronunced dyuerfe decreittis and 

fentences aganis vmq le Sir Patrik Bellenden of Evie, kny*, Balfoure 

of Montquhanie, Robert Menteithe of , Williame Bannatyne of 

Gairfay, Sinclair 3ounger of Etha, Bruce of Cwltmalundie, 

Henrie "(Vardlaw his fervand, Adame Mudie, 2 with mony vtheris our faithfull 
and obedient fubiectis of the countreyis of Orknay and Zeitland, accoirding to 
lawis treflbnabillie maid and practized be him felff, direct contrair and repug 
nant to the lawis of our realme, and Actis of our Parliament, maid be ws and 
our maift noble progenitouris, Kingis of this our realme, to quhome only the 
power to mak lawis belongis, as ane peculiar poynt of our and thair regall foue 
ranitie ; and thairby decernit thame to haif committit capitall and treflbnable 
crymes ; and of his awin prefumptioun and vfurpatioun of our authoritie royall, 
without ony warrand of ws, hes treflbnabillie difpenfit with the poyntes of death, 
and ordanit the faidis perfones quha war convict and condemned, in maner 
foirlaid. only to be banifched furth of the faidis boundis of Orknay and Zeit 
land ; and hes treflbnabillie adiudget thair landis, guidis and geir to be ffor- 
faltit and efcheit to him felff. As ALSO, the faid Patrik, Erie of Orknay, 
be him felff and his foirfaidis, in the monethis and yeiris of God foirfaidis, 
att the leift, in ane or vther of the faidis monethis and yeiris, treflbnabillie 
perfuadit, induced, counfallit, and commandit Williame Sinclair of Etha, 
Henrie Sinclair of Tenquhie, Mr Robert Henderfoun, Williame Irwing of Saba, 
and mony vthir gentilmen of the faidis countreis of Orkney and Zeitland, to 
1 Owes. * A blank of about six lines is left here in the Record. 



44&8JAC. VI. CRIMINAL TRIALS. 83 

fubfcryve and delyuer to him ane Band callit Band-mutus, 1 and thairby obleife 
thame felffis and thair airis, that thai fould ferue and mantene him aganis quhat- 
fumeuir perfones, without ony referuatioun of ws ; 2 and that thay fould nevir 
heir nor knaw his hurt or fkaith, hot fould reveil it within tuentie foure houres, 
without ony exceptioun of impoffibilitie or diftance of place, contrarietie of wind, 
wedder, or vther impediment ; vnder the pane of tynfell 3 of lyfe, landis, and 
guidis ; contening alfo this claufe, ' that gif it happin that J?e contravening of 
this Band, be ony of the faidis fubfcryveris, fould (fall) nocht cum to ]?e faid Erles 
knawlege, quhill 4 eftir the committeris deceife, it fould (fall) be leifum to him to 
try the famyn eftir J?air daithis aganis Jjair airis, and pwneife pair faidis aris as 
he mycht haif done the principall offendour : And that the faid probatioun of 
J>air contravening of the faid Band fould (fall) be fufficient be tua witneffis : 
Bindand lykwayis the faidis Gentilmen and vtheris of the cuntrie to be judged 
be the faid Erie ; and nevir to feik to King, Counfell, nor Seffioune !' Quhilk 
Band the faid Erie hes debaited to be lauchfull, and hes confeft the reffaueing 
and haveing thairof ; althocht it be maift vnnaturall, uniuft, tyrannicall, impof- 
fible, and treffbnable ; bindand men to impoffibilities, and inioyneing to thame, 
in caice of contraventioun, the paynes of Treafone, ffor naiked conceilling and 
nocht reveilling his Ikaith, generallie, in ony matter ; it being of verritie, that 
no man hes power to prefcryve or exact fuch paynes, bot only fouerane poyntes, 
and that in matteris treafonable allanerlie. Quhairby, the faid Erie hes mani- 
feftlie and treafonablie ufurped vpone him our royall authoritie and princelie 
power, in poyntis of our abfolute foueranitie. LYK AS, the faid Patrik Erie of 
Orknay hes treflbnablie tane vpone him, in the faidis yeiris and monethis, at the 
leift in ane or vther of thame, to call and perfew befoir him and his pretendit 
deputtis and Judges, in his pretendit Jurifdictiones of Orknay and Zeitland, 
Adame Mudie, and many vtheris our frie and obedient fubiectis ; and eftir his 
pretendit maner, haifing accufed and convicted thame of dyverfe crymes, hes 
nocht only pronunced aganis thame the Sentence of Banifchement, and fforfal- 
tour to him felff of thair landis and guidis ; bot thaireftir componed, traniacted, 
and agreid with thame, and treafonablie vfurped our royall authoritie and foue 
rane power, be Remitting to thame the faidis capitall crymes ; quhilk no man 
hes power to do, within this our realme, bot the King and fouerane of the fame. 
As LYKWAYIS, the faid Erie, bereifing our faithfull fubiectis of the benifeit of 

1 Query, Band-mutuus ? A bond for mutual protection and defence, secretly and solemnly bind 
ing the obligants to maintain each other, in their quarrels, ' against all deadly.' These illegal engage 
ments were formally put down by various Acts of Parliament ; as ' Bonds of Manrent' were the princi 
pal means of encouraging and keeping alive those deadly feuds which disgraced the country, and ren 
dered the state of society in Scotland very insecure, and in many instances almost intolerable. 2 With 
out even reserving their lawful allegiance to the king. 3 Loss. 4 Until. 



84 CRIMINAL TRIALS. A.D. 1610. 

our peafe and generall protectioune, and the fredome of thair travelling and 
traffique be fea and land, hes, in the yeiris and monethis foirfaidis, att the leift 
in ane or vther of thame, difcharged the paffageis and ferreis of Orknay and 
Zeitland, that nane fould haif entreis or outgoing furth thairof, without his Paf- 
port and Licence ; and did incarcerat, in ftokis and irnes, the fervandis of James 
Stewart of Gramefay, for tranfpoirting of Robert Menteithe his guidbrother, 1 
without his licence ; and caufed incarcerat the fervandis of Frances Mudie, for 
tranfpoirting thair faid maifter ; the men of Sowna, for tranfpoirting Williame 

Bannatyne ; and the men of Flottay, for tranfpoirting of , 

thair maifter ; held and detenet thame captiues and priffoneris, in irnes, ftokis, 
cloifs-priflbne and firmance, dyuerfe dayis and oulkis ; 2 vfurpeing thairby, moft 
treffonablie, our authentic royall, and bereifing our lauchfull fubjectis of the 
vfe and benifite of thair natiue libertie, dew to thame, in thair frie pafTage and 
traffique, vnder our peace and protectioun, throw all the pairtis of this our king- 
dome, be fea or land. AND nocht content thairwith, the faid Erie, leifing na 
foirt of extraordiner Oppreffioune and trefoneable violence vnpractized agaiiis 
the faidis Inhabitantes of Orknay and Zeitland, at the tymes perticulerlie aboue 
reherfet, at the leift in dyuerfe of the monethis and yeiris foirfaidis, hes compel- 
lit the n mill pairt of the gentilmenis tennentis of the faidis contreyis of Orknay 
and Zeitland to work to him all maner of work and laubour be fea and land, in 
rolling 3 and failling his fchipis and boittis, working in the ftane-querrel, 4 wyn- 
ning and beiring furth thairof ftanes and red furth thairof, laidning his boittis 
and fchellopes 5 with ftane and lyme, and loifeing the fame, biging his park 
dykes, and all vther foirtis of ferveill and paynefull laubour, without ather meit, 
drink, or hyre. 6 AND, to conclude the vtter rwyne of the poffeffouris of the 
faidis landis and Yles, hes, in the faidis yeiris and monethis, att the leift in 
dyuerfe of the fame, impofed, exacted, and treffonabillie vplifted frome thame, 
dyuerfe grit and exorbitant taxationes and impofitiones, quhilkis na man may 
lauchfullie do, within this our realme, bot We, of our fouerane power allanerlie ; 
vfurpeand thairby, maift treffonabillie, vpone him, our authoritie royall. Fi- 
NALLIE, the faid Erie, in the faidis monethis and yeiris, at the leift in ane or 
vther of thame, hes treffonabillie difcharget the faidis Inhabitantis of Orknay or 
Zeitland, to by or fell meill, malt, meit, drink, fifche, flefche, butter, nolt, fcheip, 
or ony vther commoditeis, without his Licence, vnder grit penalteis ; lykas, he 

1 Brother-in-law. 2 Weeks. 3 Rowing with oars. 1 Stone quarry. 5 Shal 

lops ; small vessels. 6 This inhumanity of the Earl of Orkney appears, by existing documents, 

to have been carried to the most frightful excess and the lives of the unfortunate natives rendered 
utterly wretched, worse than the condition of galley-slaves, or that of the Christian captives in Bar- 
bary being only paralleled by the ' Egyptian bondage and oppression of the children of Israel, under 
King Pharaoh I' Reference may be made to the Trials and Documents before quoted. 



44&8JAC. VI. CRIMINAL TRIALS. 85 

hes oft and dyuerfe tymes, with all rigour, exacted the faidis penalties aganis 
findrie of the faidis Inhabitantis, for thair lauchfull bying and felling of thair 
commoditeis and neceffaris without his licence. QUHILKIS Treafonable crymes 
aboue writtin, and ilk ane of thame, war done, committed, and perpetrat be the 
faid Patrik Erie of Orkriay, be him felff and his complices, and vtheris in his 
name, of his caufeing, command, affiftance, and ratihabitioune : And thairby, the 
faid Patrik Erie of Orknay hes committed Treafone aganis Ws, and hes tref- 
foneabillie ufurped vpone him the poyntis of oure foueranitie, and infeperable 
pairtis of our Royal power and authoritie : And he is airt and pairt thairof : 
And aucht and fould be pwneifched thairfoir, be the paynes of Treafone, with 
all rigour ; in example of vtheris to attempt the lyke, gif fa be. OURE WILL is 
HEIRFOIR, and We charge yow ftraitlie, and command, that incontinent thir 
our Letteris fene, ye pas, and in our name and authoritie command and charge 
the faid Patrik Erie of Orknay, committer of treafoneable crymes aboue writtin, 
in maner foirfaid, vpone fourtie dayis wairning, to find fufficient and refponfall 
cautioun and fouertie, actit in our Buikis of Adiornall, that he fall compeir 
befoir our Juftice or his deputis to vnderly our lawis for the famyn, in our Tol- 
buth of Edinburgh, the fecund day of Auguft nixtocum, in the hour of caus, 
vnder the paynes contenit in our Actis of Parliament : And that ye charge him 
perfonallie, gif he can be apprehend it, and failzeing thairof, at our Caftell of 
Edinburgh, quhairin he hes his remaning for the prefent, and be oppin procla- 
rnatioun at the mercat croce of our burgh of Edinburgh, to find the faid fouertie 
actit, in maner foirfaid, within fax dayis next aftir he be charget be yow thairto ; 
vnder the pane of rebellioun, and putting of him to our home. The quhilkis 
fax dayis being by paft, and the faid fouertie nocht being fundin, that ye incon 
tinent thaireftir denunce the faid Patrik Erie of Orknay our rebell, and put him 
to our home, and efcheit and inbring all his moveabill guidis to our vfe, for his 
contemptioun ; and caus Regifter thir our Letteris, with your executiones thairof, 
within fyftene dayis thaireftir, conforme to our Act of Parliament made thair- 
anent : And gif he find the faid fouertie, that ye fummond ane Aflyfe heirto, 
nocht exceiding the number of fourtie five perfones, quhais naimes ye fall ref- 
faue, in Roll, fubfcryuit be the compliner ; ilk perfone vnder the pane of ane 
hundreth merkis. Accoirding to Juftice. As ye will anfuer to ws thairvpoun. 
The quhilk to do, We commit to yow, coniunctlie and feuerallie, our full power, 
be thir our Letteris, delyuering thame be yow, deulie execute and indorfate 
agane to the beirar. GEVIN vnder our Signet at EDINBURGH, the fourt day of 
Junij, and of our regnne the aucht and fourtie thre yeiris, 1610. 

Ex deliberatione Dominorum Conjilij. 7. BANNATYNE* 

1 Writer to the signet, and nearly related to the now celebrated George Bannatyne. 



86 CRIMINAL TRIALS. A.D. 1610. 

FOLLOWIS the tennour of the ExECUTiouxE 1 qfthejttldls Letteris. 

VPOUN the tuentie day of Junij, the 3eir of God I m . fax hundreth and ten 3eiris, I JOHNNE BLIN- 
sBLLls, Yla Herauld, part, at command of thir our fouerane lordis Letteris, within writtin, to his 
Maiefteis CASTELL OF ED"; and thair, with my difplayit coit of ainncs, and be found of trumpet, 
foundit be Siluefter Ramfay, trumpeter, I commandit and charget PATRIK, ERLE OF ORKNAY, per- 
fonallie apprehendit, within the faid Caftell, and dely verit to him ane juft and autentik coppie of the 
faidis within writtin Letteris, fubfcryuit with my hand, to find fufficient and refponfall cautioun and 
fouertie to the Juftice Clerk and his deputtis, actit in the buikis of Adiornall, that he fall compeir 
befoir the Juftice or his deputis, day and place within fpecifeit, in )>e hour of caus, and vnderly the 
Law for the treflbnabill crymes within reherfit ; within fax days nixt eftir this my charge ; vnder the 
pane of rebellioun and puting of him to the home. This I did, eftir the forme and tennour of thir 
our fouerane lordis Letteris, in all poyntis ; befoir thir Witneflis, George Kirkwoid, Albanie herauld, 
Robert Logane, raeflinger, Silnefter Ramfay, trumpeter, and Williame Dalglefche, poft in Ed r , with 
dyuerfe vtheris. And for the mair verificatioun of this my Executioun, fubfcryuit with my hand, my 
fignet is affixU JOHNNE BLINSELL, Hay Herauld. (L. S.) 

Thaireftir, my Lord Aduocat producet ane Warrand of the Lordis of his Ma 
iefteis Secreit Counfail, direct to my Lord Juftice, ffor continuation of the faid 
dyet, to the nynt day of Auguft inftant. Off the quhilk Warrand the tennour 

followis. 

JUSTICE, Juftice Clerk and jour deputtis. fforfamekill as the fecund day of Auguft nixtocum, 
being appointit to PATRIK, ERLE OF ORKNAY, for his compeirance befoir 3ow, to vnderly the Lawis, 
for certane crymes fpecifeit and contenit in the Letteris raifed pairanent: Neuertheles, for fome fpe- 
ciall confiderationes of his Maiefteis feruice, it is oure Will, and we command ;<>u to continew the 
faid dyet, to the nynt day of the faid moneth of Auguft nixtocum ; conforme to the ordour obfernet 
in the lyk caiflis : Whearanent, thir prefentis falbe 5 our Warrand. AT EDINBURGH, the xxvij day of 
July, 1610. AL. CANCELL". DUMBAR. 

THE JUSTICE, for obedience of the faid Ordinance, continewit the faid dyet to 
the faid nynt day of Auguft inftant. 

My Lord of Orknay takis inftrumentis of his compeirance, and declairis quhat 

1 The Legal antiquary will peruse this curious document with much interest. The ' pomp and cir 
cumstance' of Hay Herald, arrayed in bis tabard, and attended by Albany Herald, and their respective 
Pursuivants and Witnesses, after a flourish by one of the trumpeters attached to the Herald's College, 
personally apprehends, as it is legally termed, the Earl of Orkney, and formally charges him, by virtue 
of the Royal Letters. The present unmeaning and empty form employed by Messengers-at-Arms 
(being still attached to the Lion King-at-Arms College) bears traces of this ancient ceremony ; and 
still, in the event of the party being denounced rebel, the instrument bears this to have been done, 
after three several blasts ' of a horn or trumpet, at the market-cross of the head burgh where the 
rebel (fictione juris) resides, or where his usual domicile is situated. If ' furth* of Scotland, the cere 
mony is supposed, by a practical fiction, to be denounced at the market-cross of Edinburgh, pier and 
shore of Leith ; but in tnith, it is effected by the Messenger sitting snugly in his chamber, perhaps up 
eight or ten pair of stairs, signing an attestation, which is also subscribed by two witnesses, termed 
concurrents. It is in the recollection of some practitioners of the Law, that a few Messengers, of the 
old school, actually went to market-cross, pier and shore, and in these ' good old times,' every man was 
1 his own Trumpeter !' A rigidly conscientious person of this class, actually carried a model of a horn 
in silver, regularly perforated, and at each of the places requisite gave ' three several blasts,' by 
breathing through this curious instrument, much to the edification of the bystanders, who naturally 
inferred the man to be insane ! But he sternly performed his duty, < through good report and through 
bad report,' in despite of all such taunts ; and was, moreover, the best employed Messenger of his day. 



44 & 8 JAC. VI. CRIMINAL TRIALS. 87 

evir allegit cryme is fett doun in his Dittay, he had fufficient power and autho- 
ritie grantit to him to do the fame ; nocht granting thame to be crymes : As fall 
be juftifeit be him, in the awin l tyme and place. 

(Aug. 9.) MY Lord Aduocat producet ane Warrand of the Lordis of 
his Maiefleis Secreit Counfell, anent the continuatioim of this dyet appointit for 
my Lord Orknayis tryell, to the faxtene day of Auguft inftant. 2 The Erie of 
Orknay afkit inftrumentis of his entrie ; and offerit him felfF to the Tryell of the 
law, for the allegit cryrnes contenit in the Letteris, nochtwithftanding of the 
faid continuatioun. 

(Aug. 16.) THE JUSTICE Ordanit this dayis dyett, appointit for tryell 
of my Lord of Orknay, &c. to defert ; in refpect that my Lord Orknay was nocht 
prefentit upone pannell. 

(Nov. 22.) MY Lord Aduocat producet the fummondis, &c. 3 Thaireftir 
my lord Aduocat producet to the Juftice, ane Warrand of the Secreit Counfell, 
direct to him, anent the continuatioune of this dyet to the nyntene day of De 
cember nixtocum. 4 My Lord of Orknay takis inftrumentis, &c. 

(Dec. 19.) ANOTHER Warrant is produced for continuatioun of the 
trial to Mar. 8, ' nixtocum,' dated Dec. 19, 1610 : and is ligned ' Al. Cancel! 8 . 
Jo. Preftoun. Blantyre. R. Cokburne. Kilfythe.' 

\Mr Robert Cohburne, JnJlice-Depute.~\ 

(1611, Mar. 8.) A WARRANT, dated March 7, 1611, is again produced, 
continuing the Trial to ' the fyftene day of May nixtocum,' figned by the Chan- 
cellour, * Jo. Preftoun. A. M. Elphingftoun. R. Cokburne.' My Lord of Ork 
nay takis inftrumentis of his entrie, and nochtwithftanding of the quhilk War 
rand of the Counfell, offeris him felfF to the Tryell of the Law, for ony crymes 
that can be laid to his charge ; difaffeiitnigjimpliciter to all forder continuatioun. 
THE JUSTICE Ordanit the faid Erie of Orknay to be returnit back agane to 
his waird. 5 

[Sir Wittiame Hairt, JuJtice-Depute.~\ 

Creason Berttmttjj tje Storwfoictfott af tjje &utja; antf $rtt>j> 

CountfL 

Aug. 29. MR ANDRO CREICHTOUN, brother to the Laird of Innernytie. 6 
Dilaitit of the Declyning of his Maieftie and Lordis of Secreit Counfal Judge 
ment ; and thairby committing Treafoun, contrair the Actis of Parliament. 

1 In its own, or in its proper time and place. 2 The Warrant is verbatim the same with the 

former; and is subscribed by the Lord Chancellor and Earl of Dunbar. It is dated Aug. 9, 1610 
3 The Letters and Execution are repeated. 4 In same terms as the others. Dated Nov. 20, 1610, 
and signed by ' E. Glencairne. Sanctandrois. Blantyre. Jo. Preftoun. R. Cokburne.' 5 An at 

tested copy of the above proceedings, by Sir John Cokburn of Ormestoun, knight, Clerk of Justiciary, 
is preserved in the General Register House, with various other papers relative to Orkney. 6 See 
Arnot's Crim. Trials, p. 37, 67, and 328. The Case of Ogilvie the Jesuite, 16 15, in this Collection, &c. 



88 CRIMINAL TRIALS. A.D. 1610. 

DITTAY again/I the Pannell. 

MR ROBERT CREICHTOUN, broker to the Laird of Innernytie; 30 ar Indytit and accufet: ffor- 
famekill as, 56, being ink in, be directioun of the Lordis of his Maiefteis moll bonourabill Previe Coun- 
lall, and broght befoir pame, vpone the faxtene day of Auguft inftant, to be examinat vpone fum mat- 
teris concerning his Maieftie and the eflait of this his Kingdome, and requyred be tbair Lordfcbipis 
to geve jcur aith to thame, that 56 fould faithfullie and treulie anfuer to thame, and declair the ver- 
ritie of fuche thingis as fuld be demanded of 5ow, 56 treafoneabillie refuifed to acknowlege his 
Mail-Hie and the faidis Lordis of his moll honourabill Previe Counfall to be 3 our Judges, Lot maill 
treafoneabillie declyned ('air judgement : And efter pat |-ai had put sou- in remembrance of ]>at dentie 
and 1 11 1 iicc ti on n quhilk 36 audit ' be our faid fouerane lord, both in refpect 30 was his natural! borne 
fubject within pis realme, and )>nt 36 war now actuallie resident within ]> famyn: And that, be Act 
of Parliament, maid in pe moneth of May, the 5eir of God I m .V c . four fcoir four 3eirig, our faid foue 
rane lord was declairit, be him felff and his Counfall, to be Judge competent to all perfones bis hienes 
fabjectis, of quhatfumeuir degrp, functioun or conditioun thay be of, fpirituall or temporal!, in all 
matteris quhairin thay or ony of thame fould be fummond or charget to anfuer to ; and that nane 
fould tak vpone hand to declyne the Judgement of his hienes and his fucceffouris, or pair Connfallis, 
in the premifles, vnder ]>t> pane of Treafone. Lyk :i, for 3 our better informationn and refolntioun, }>e 
faid Act of Parliament was than fchawin and red to 3ow : 3e neuerpeles, vnnaturallie, rebellionflie, and 
treafonablie perfifting in 3our mifchevous purpois, flill refuted to acknowlege pe Jnrifdictioun of his 
Maieftie and his Secreit Counfall. Lyk as, vpone the xxiiij day of Auguft initant, 36 being of new 
broght befoir pe faidis Lordis of Secreit Counfall, and admonifched and exhorted to acknawlege and 
amend 3 our treafoncabill offence, and to acknowlege his Maieftie to be 3 our fuperiour, and his hienes 
and pe Lordis of Secreit Counfall to be 30111' lauchfull Judges, and to haif jurifdictioun over 3ow, 30 
anfuered, as of befoir, that 36 was nawayis better refolued, hot that 36 ftill abaid be 3 our former De- 
pofitioun and anfueir, that his Maieftie and the Lordis of Secreit Counfall was nocht 3 our fuperiouris 
or Judges. And fua, 36 haif treafonabillie contemned and declyned the authoritie of our faid foue 
rane lord and pe Jurifdictioun of his hienes and Lordis of his Secreit Counfall ; and pairby haif incurret 
and fould fuffer the paynes of Treafone, to be executed aganis 5ow, ir. 5 our body, lyfe, landis, guidis, 
fame, and memorie; in example of vtheris : Quhilkis 36 can nocht deny ; in refpect of your Depofi- 
tiones, extant, and heir producet in Judgement, fubfcryuit with your hand, moft cleirlie verifeing all 
pe premises. 

Eftir reiding quhairof, and accufatioun of the faid Mr Andro, be vertew of 
the fame, and Confeffioun maid be the faid Mr Andro, in judgement, to the 
Juftice, granting the treuth of the faid Dittay, and abyding ftill at his former 
Depofitiones ; quhairupone inftrumentis was tane be our faid fouerane lordis 
Aduocat, the Juftice referrit the faid Dittay to the knawlege and tryell of ane 
Aflyfe of the perfones following : Thay ar to fay ; 

ASSISA. 

James Stewart of Grameflaw, Robert Menteith of Eglifchaw, Thomas Lyell of M archill, Vthreid 
M c dowell of Mondork, 8 Mr Robert Henderfoun of Holland, Mr Gilbert Gordoun of Chimes. 3 

Quhilkis perfones of Aflyfe being chofin, fworne, and admittit, eftir accufa- 
tioune of new agane of the faid Mr Andro Creichtoune, be Dittay, of the faid 
treafonable cryme, quhilk in the faid Juftice and perfonis of Aflyfe awin pre- 

1 Owed. 2 Chancellor of the Assize. 3 The rest of the Assise, ' mercheandis/ &c. 



44&8JAC. VI. CRIMINAL TRIALS. 89 

fens and audience of new agane was grantit and confeft, judiciallie, be the faid 
Mr Andro to be of verritie ; the faid Sir Thomas Harnmiltoun, for forder veri- 
ficatioun of the faid Dittay, producet the faid Mr Andro Creichtones Depofi- 
tiones, fubfcryuit with his hand, in prefens of the Lordis of his Maiefteis mod 
honourabill Previe Counfall, and repeittit thairwith the Act of Parliament, the 
pannellis Judiciall Confeffioun, maid in prefens of the Juftice and Aflyfe ; and 
thairupoun afldt inftrumentis ; and proteftit for Wilfull Errour aganis thame, gif 
thai acquit him. 

VERDICT. That the faid MR ANDRO was Culpable and convict of the tref- 
fonable Declyneing of his Maieftie and Lordis of his hienes Secreit Counfall to 
be his Judges, accoirding to his accufatioun aboue writtin, contenit in his Dit 
tay, fufficientlie verifeit to thame be his Depofitiones, produceit to thame, fub 
fcryuit with his hand ; as alfo, be his Judiciall Confeffioun^ maid in the Juftice 
and thair prefence. 

SENTENCE. To be tane to the mercait croce of the burgh of Ed r , and thair 
to be hangit and demanit as ane Tratour ; and all his landis, heritages, tene- 
mentis, annuelrentis, takis, fteidingis, &c. to be fforfalt and efcheit to our foue- 
rane lordis vfe, as culpable and convict, &C. 1 

[Mr Alexander ColuiU, Juftice-Depute.] 

(1611, Feb. 27.) THE quhilk day, Mr Andro Creichtoun being, at com 
mand of the Counfall, brocht furth of waird out of the Tolbuth of Ed r , and pre- 
fentit vpone pannell, to heir Dome of new agane pronuncet vpone him, the Juf 
tice ordanit the Counfallis Warrand vnderwrittin, delyuerit to him be my Lord 
Chanceller, to be oppinlie red in judgment, viz. 

JUSTICE, Juftice clerk, and jour deputtis. ForfamekiH as althoght Dome and Sentence was pro- 
nouncet aganis Mr Andro Creichtoun, broker to J>e Laird of Innernytie, ordaning him to haif bene 
tane to the place of his Executioun, and pair to be hangit and vperwayis deraanit as ane tratour, for his 
trefibnabill declyneing of the Kingis Maieftie and his Counfallis judgement, and for certane vtheris 
treffonabill crymes fpecifeit and contenit in the Sentence and Dome of Convictioun pronunced aganis 
him : Neuertheles, it hes now plefit the Kingis Maieftie, out of his accuftomed gracious difpofitioun 
to clemencie and mercie, to mitigat the rigour of the Sentence pronuncet aganis the faid Mr Andro, 
and to Ordane him to be Banifchet his Maiefteis haill dominions ; and nevir to returne agane within 
the fame, during his lyve tyme, vnder the pane of deid, to be execute vpone him without forder dome 
or Sentence to be pronuncet aganis him. THAIRFORE, 3ow fall, vpone pe ficht heirof> appoint and fet 
ane Juftice Court, caus Je faid Mr Andro to be exhibeit befoir 3OW, and pronunce new Sentence 
aganis him, conforme to his Maiefteis gracious fauour, clemencie and mercie, Ordaning him to be 
BANISCHED his Maiefteis haill dominions, and nevir to returne agane within the famyn, during his 
lyftyme, vnder the payne to be Hangit quhill he be deid, without ony forder dome or Sentence to be 
pronunced aganis him ; and that, for contravening of pis prefent Sentence. EFTIR the pronunceing 
quhairof, 3ow fall caus returne him bak agane to his waird, thairin to remane, quhill the commoditie 

1 ' MD. The Dittay, With the pannellis Depositiones, gevin vp to my Lord Aduocat the day foirsaid.' 
VOL. III. M 



90 CRIMINAL TRIALS. A.D. 1610. 

be had of fome fchip going out of the cuntrie ; quhairby he may be caryed to hir be J>e Magiftratis of 
Ed r , and fua fend away. And this 5ow faill nocht to do : Wliearanent fir prefentis fall be 3our 
Warrand. Ax ED R , the xxvj day of Februar, 1611. JAMES R. 

The Juftice, for obedience of the command thairin contenit, be the mouthe of 
Alexander Kennydie, dempfter of Court, decernit, 1 &c. Whilk was pronunced 
for Dome. 

[Sir William Heart, Jufiice-DeputeJ] 

j&lati0ljtn- antmmnmumno; unto licbclo Crtaconable f)eft 

an* ^toutjreif, &t * 

Sept. 6. WILLIAME DOUGLAS of Lyncluden and Grenelaw, 2 (callit 
Wtlliame ofPinzerie,) eldeft fone and appeirand air of Wil- 
liame Douglas of Baitfurd. 

Dilaitet of dyuerfe crymes of Slauchter ; beiring and weiring of piftolettis ; 
and of the treflbnabill crymes of thift committit be him, he being ane landit 
Gentilman ; in manner fpecifeit in his DITTAY, vnder writtin. 

FORSAMEKILL as 36, haifing confauit ane deidlie ffeid, rancour, and malice, without ony cans, aganis 
vmq le Thomas Softlaw, burges of Durafreis, vpone the fyft day of Apryle, or Jmirby, the 3eir of God 
jm.Vjc. aiu i fewin 5eiris, and haifing convocat with 5ow Johnne Cunninghame, 5our feruand, and 
vj>rris deboifchet men, 3our complices, to J>e number of tuentie perfones, or jiairby, all bodin in feir 
of weir, with lance-ftalfis, fuordis, quhingeris, 3 and with hagbnttis and piftolettis, prohibeit to be 
borne or worne be dyuerfe Actis of Parliament, came to the Brigend of Dumfreis, quhair the faid 
vmq le Thomas was, in quyet and fober maner, vnder Godis peax and the Kingis ; and pair, 36 fearcelie 
fet vpone him, and perfewed him for his Ham-liter, hurt and woundit him with ;<iur piflolettis, and 
vtheris wappones foirfaidis, in )>e heid, and dynerfe vjieris pairtis of his body ; to the effuiioun of his 
blnid in grit quantitie ; off the quhilkis ftraikis and woundis he fchortlie ]>aireftir depairtit this lyfe ; 
and fa, was crewallie and vnmerciefnllie (lane, be 3ou, and 3our faidis complices, of 5our caufing, com 
mand, afiiftance, and ratihabitioun ; and 36 ar airt and pairt fairof. To the taikin, 4 that 36, and 3ur 
faidis complices, being charge t to find cautioun to compeir befoir ]>e Jullice, and vnderly ]>e law for 
]>e faid Slauchter, 30 paft twyfe to the borne for )>e faid cryme, as the Letteris of Hoirning heirwith 
producet verifeis. ITEM, 3e ar indytit and accufed, as airt and pairt of )>e crewall and fellone Slauch 
ter of vmq le Ednard Maxwell of Croftoun, committed at )>e Brigend of Dumfreis, vpone the 

day of September, or Jjairby, the 3eir of God I m .Vj c . and aucht 3eiris, be 3ow ]>e faid Williame 
Douglas of Lincluden, Johnne Schitlingtoun, 3our fervand, Johnne Greir, fuordflipper at the Brigend 
of Dumfreis, and Johnne Dempfter in the College of Lincluden, quho of 3our fpeciall caufing, fend 
ing, hounding out, airt and pairt-taiking, reffet with the bludie hand, affiftance, and ratihabitioun, with 
fair fuordis, lances, and vperis wappones, invafiue, invaidit and perfewit )>e faid vmq le Eduard Max- 
wall, for his Slauchter, and hurt and woundit him in ]>e heid, and dyuerfe pairtis of his body, to J>e 
grit effufioun of his bluid. Off the quhilkis woundis he nevir thaireftir convalefced ; bot lying in ex- 
t H-ame and deidlie payne, be ]>r 1 pace of fyve or fax dayis, in end, vpoun the . . . day of September, 

1 The worda of the warrant repeated. * The family of Douglas of Penzire was descended from George Dou 

glas, the third son of Sir William Douglas of Drumlanrig, who was killed July 22, 1484, near Lochmaben. Wil 
liam of Penzire married Agnes, second daughter of John, sixth Lord Maxwell, (the father of John the seventh Lord 
Maxwell, whose Treason, escape, &c. form part of this Dittay,) hy Lady Elizabeth Douglas, second daughter of 
David, seventh Earl of Angus. This circumstance explains satisfactorily that part of the Dittay which refers to 
his resetting, and other transactions with Lord Maxwell, his brother-in-law. * A short sword or hanger , a 

kind of cutlass. ' In token, proof, or testimony whereof. 



44&8JAC. VI. CRIMINAL TRIALS. 



91 



or pairby, the 5eir of God 1608 3eiris foirfaid, he depairtit this lyfe ; and fua, was crewallie flane be 
5011 and 3 our faidis complices, of jour caufing, command, reflet, affiftance, and ratihabitioun : And 30 
ar airt and pairt pairof; ffor pe quhilk, 30 haif lyne at pe home thir tuo 3eiris bygane. 3e ar alfo In- 
dytit, fForfamekill as pe faid Johnne Greir, being tane with the bludie hand, and immediatlie efter pe 
committing of J>e faid crewall Slauchter of pe faid vmq le Eduard Maxwall, being committit to Waird 
for pe fame, in our fouerane lordis ordiner Priflbne and Pledge-chalmer of Dumfreis, and pair keipit 
priflbner in the irnes, be the fpace of foure dayis, the faid Johnne Schitlingtoun, 3our fervand, at 3our 
command, and be 3our fpeciall convoy and afliftance, haveing provydit him felf of gavillokis, 1 craw- 
irnes, 2 fyles, and vperis work-lowmes, 5 furneift and prepairit to him be 3ou and 3owr meanis, come 
vpone the . . . day of pe faid moneth of September, or J>airby, and 3eir of God foirfaid, and in the 
nyght feafoun brak pe voult and pend * of ]>e faid prifone, and fchure s af pe irnes, quhairin the faid 
Johnne Greir was loked, and violentlie and forceablie relevit him furth of our fouerane lordis Prifone 
foirfaid, and cayreid him to 3our duelling hous in Lyncluden, wheir 36 reflet, keiped, and interteneid 
him dyuerfe dayis, nychtis, and oulkis 6 paireftir : And fua, 36 ar airt and pairt of the contemptuous, 
infolent, and violent breking of our fouerane lordis prifone, and taking furth pairof, violentlie and per 
force, of the faid Johnne Greir, giltie and captiue for J>e faid crewall Slauchter of pe faid vmq le Ed 
uard Maxwall of Corftoun, and of pe wilfull reflet, fupplie, and intertenement of pe faid Johnnie Grier, 
giltie and fugitiue for pe faid crewal Slauchter ; and audit and fould be pwneifched with the lyk and 
felf fame paynes quhilk pe law hes prefcryved aganis pe faid principall malefactour, for his crymes 
foirfaidis. To the taikin, 7 that pe faid Johnne Grier and 30 war bothe fugitives, and at pe home, for 
pe cryme foirfaid. ITEM, 3e ar indytit of 3our treaffbunabill Intercowmoning with JOHNNE fumtyme 
LORD MAXWALL, S in the toun of Dumfreis, and in the Caftell-3aird pairof, and dyuerfe vtheris places 
within the fcherefdomes of Nyddifdaill, Annandaill, Kirculdbrycht, and Galloway; and for Refleting 
and fuppleing him in 3our hous of Lyncluden, and vperis 3our duelling places, in pe moneth of Decem 
ber, the 3ear of God I m .Vj c . and fevin 3eiris, and in pe monethis of Januar, iFebruar, and remanent 
monethis of pe 3eir of God 1608 3eiris, at pe leift dyuerfe dayis and nychtis of pe faid 3eir, eftir that 
he had committed nottour and manifeft Treafone, be his violent and forceable breking Waird furth of 
pe Caftell of Edinburgh, vpone the fourt day of December, or pairby, pe 5eir of God I m .Vj. and fevin 
3eiris, and perfewing the Porteris and Keiperis pairof for pair Slauchter, hurting and wounding dyuerfe 
of pame in findrie pairtis of pair bodeis, to pe grit effufioun of pair bluidis, and perrell of pair lyves ; 
and preiffing, fo far as in him lay, treafoneabillie to relief SIR JAMES M C CONEILL, detenit in irnes and 
ftrait prifoun within pe faid Caftell, for dyuerfe odious and treafoneabill crymes ; 9 ffor pe quhilkis 
manifeft Treafones, the faid Johnne Lord Maxwall was nocbt only denuncet rebell and tratour, and 
all our fouerane lordis legis difcharget, be Proclamatioun, to intercowmone with, reflet, or fuplie 
him, vnder pe panes of law ; bot alfo, he fforfaltit, be Decreit of Parliament, for pe famyn. To the 
taikin, that 36, being dyuerfe tymes charget to compeir befoir pe Counfell, to anfuer for pe faidis crymes 
of Reflett, fupplie, and intercowmoning with pe faid Johnne, fumtyme Lord Maxwall, 30, knawing 
3our awin giltines, difobeyit the charge, and paft to pe home ; at the quhilk 30 haif lyne continuallie 
fenfyne vnrelaxit. ITEM, 3e ar indytit and accufet, fforfamekill as Johnne Lord Hereis, being directed 
be pe Lordis of his Maiefteis Secreit Counfall to tak and apprehend 3ow and Eduard Maxwall of 
Craigtoun, ane nottour rebell and fugitiue, for Thift, Stouth-reif, ffyre-raifing, fuppleing and aflifting 
my Lord Maxwall, and dyuerfe vtheris treafonable crymes, quhilk pe faid Eduard him felf declared 
vnto 3ow ; the faid Lord Hereis, vpone the fyftene day of Auguft laftbypaft, cuming, for executioun 

1 A lever used by quarriers of stone, a pinch or prize. * Crowbar. 3 Tools. 4 Vault and arch. 

5 Literally sheared, as with a reaping-hook. Weeks. * In testimony or proof whereof. 8 See 

May 13 and Jun. 24*, 1609, &c. That nobleman was beheaded, at the Cross of Edinburgh, May 21, 1613. See 
also Appendix. See his Trial, III. 1, &c. Jun. 24, 1609. 



92 CRIMINAL TRIALS. A.D. 1610. 

of the faid directioune, to the hons of Johnne Coathird, in Reid-Caftell, whear ;-. with J>e faid Ed- 
uard, and dyuerfe ;<>ur complices, war then afiemblit, and lie him felff, and his fervandis, commanding 
^ow and ]>e faid Eduard, in our foaerane lordis name, to be tane with him, and to randir ;<>ir felfis 
and 5our wappones, 56 treafounabillie difobeyit )e faid charge, and with ;our fuordis, piftolettts, and 
vjieris vnlanchfull wapponis, invaidit and perfewed the faid Lord Hereis and his fervandis for J>air 
Slauclitrr, hurt and woundit Johnne Geddes, Johnne Couthird, and dyuerfe vtheris of thame, in lin- 
drie pairtis of )>air bodeyis, to the grit effufioun of )>air bloudis, violent lie and forceablie hinderit thame 
to tak the faid Eduard MaxwaM, rebell, releifit him fra Jmme, and gaif him meanis and occafioun to 
efcaip fnrt li of the faid hous ; and I ua, violeiitlie and treafonabillie withftuid the faid Lord Hereis, 
haifing the Counfallis command and directioun to tak ;<>\v and |>c faid Eduard Maxwall, ftanding 
rebell for Treafone, as faid is ; and allilt it and tuik pairt with him, in his treafoneable withfianding of 
the faid Lord Hereis, and in his treafonable perfewing of J>e faid Lord and his companie, for | air 
Slau rlitcr, and had ane piftolet vpone ;o\v at |.t tyme : And 56 ar airt and pairt pairof ; as 5011 r 
awin Depofitioun, fnbfcryuit with _;our handis, and )n: Depofitioun of fum of thai- that war prefent at 
^our apprehenfioun, cleirlie verifeis. ITEM, 3e }>e faid Williame Douglas of Grenelaw and Lynctu- 
ili-n. eldeft fone and appeirand air of James Douglas of Baitfurd, 36 ar indytit and accufed, fforfa- 
mekill as 36, being ane landit Gentilman, and heritable proprietor of the faidis Landis of Grenelaw 
and Lyncluden, and dyuerfe vjraris landis and heritages, haif committed the treafonable crymes of 
Thift and Stouthe-reif vnderwrittin, be ;our felf and ;our complices, and v];eris in ^our name, of 3<mr 
canfing, command, reffett, afiifiance and ratihabitioun, quhairof 36 war and ar airt and paiit, that is to 
fay, ff'or ;our coming to Dauid Welfches chalmer, in the place of Grenelaw, and trefibnabill breking 
vp, perforce, of his lettrone 1 |>air, and fteilling fnrtb pairof xxxv li. money, or pairby, quhairof pair was 
tuo half ducattis, pertening to the vmq le Proveift of Lynclnden, bis raaifter, qnhairof 36 fone paireftir 
\villillit - ane half ducat with Alexander Gordoun, violor in Wigtoun, for fyve merkis; quhilk being 
tryit and maid nottour to all |>e Proveiliis fervandis and liaili nychtbonris in the countrie, and cuming 
at lad to the Proveiitis awin knawlege, he was fo heichlie offendit with 3ow for ]>e fame, that he 
boiftit 3 aper to dronn 4 3ow, or at leiil to put 3ow af pe cuntrey, and nevir to do 30 w any benefeit or 
gnid ; quhilk 36 heiring pairof, be pe counfell of the faid Dauid Welfche, paft in to ]>e Proveift chal 
mer in Grenelaw, quhair he was lyand in his bed, and pulling 5 our breikis and fchankis 5 af 3 our 
kneyis, 30 fat doun befoir him vpone sour hair kneyis, cravet God and him pardoun and forgevenes, 
for ]>at ;our offence, and fwoir and promeiffit to him nevir to do ]>e lyk thaireftir. Quhilk treafone 
able Thift was committed be ;o\v, about nyne seir fyne, or pairby ; quhilk 36 can nocht deny ; lyk as 
the famyn is cleirlie verifeit be ]>e Depofitiounes producet. ITEM, 3e ar indytit and accufed for )>e 
trefoaable Steilling, conceilling and away-taking frome Thomas Fergnfoun, fernitour to ]>e faid vmq le 
Proveift of Lyncluden of an Angell of gold, and fum filuer, furth of his purfe, in the 5< i ir of God 
I m .Vj c . and tua 3eiris, or ]>airby. ITEM, 3e ar indytit and accufet for the treafonable Steilling, con 
ceilling and away-taking, vnder fileiice and cloud of nycht, of tuentie-aucht pecis of gold fra Johnne, 
fnmtyme Lord Maxwall, committed be 3OW in the place of Langholme, qnhair 36 war lyand in the 
chalmer with the faid Lord Maxwall, in the 3eir of God 1605 3eiris, or fairby. To J>e taikin, 36 wif- 
fillit ane of J>e faidis peces of gold, being ane double-doubill piftolet, in an oilier-hems befyde the Lang- 
holme ; and 30 was J>aireftir apprehendit, and challanget wiflelling fum vper of ]>e faidis peces, in Dum- 
fireis : fibr ]>e quhilkis crymes, 56 war indytit and arreiftit to J>e Juftice Court haldin be my Lord Erie 
of Dumbar, his Maiefteis Heich Commifiioner, in the Middile fchyres, in July, 1609 ;eiris ; and was 

1 Literally a reading-desk or pulpit where prayers are read, from O. Fr. li-trin, lectrin, lutrin. It is frequently 
employed to signify a box, chest, or desk for holding papers, &c. * Exchanged ; ' changed; 1 sometimes spelt 

quititteOit. * Threatened, as Lord of the Regality, and entitled to sit as Criminal Judge on his trial. ' A 

common punishment, in the inferior Judicatures, for Theft, &o. a A kind of long hoae. 



44&8JAC. VI. CRIMINAL TRIALS. 93 

fugitive pairfoir. ITEM, 3e ar indytit and accufet for 3our treafonabill breking of Jobnne Grahame, in 
the Gait, his kift, 1 vnder clud and filence of nycht, and maifterfull and thiftious Steilling and reveing, 
furth of pe faid kift, of ffourtie-foure pundis, being all foure-merk-peces, pertening to ]>e faid Jobnne, 
committed be jow in pe 3eir of God 1601 3eiris. ITEM, 3e ar indytit and accufed for 3our treflbnabill 
airt and pairt of pe fteilling, reiBng, and away- taking and conceilling of ane kow, pertening to Meg Mil- 
W in Croftis, with pe haill infight of hir hous ; committed be 3ow in Julij laftbypaft : To the taikin, ^e 
brocht ane kift full of meill to (and?) ane lynning wob of hiris, 2 and fauld (thame?) in Johnne Grabames 
of the Gait. ITEM, 3e ar indytit and accufet for 3our treafonable Stouth-reif of ane naig, pertening 
to Robert Symontoun at J>e Mylne of Corfemichell ; committed in July 1610, laftbypaft : To pe taikin, 
56 wald nocht reftoir )>e naig eftir he was tryit vpone 3ow, quhill 3 36 gat fyve pundis money frome pe 
faid Robert for pe famyn. ITEM, 3e ar indytit and accufet for 3our Maifterfull and treafonable Stouth- 
reiff of ane naig from Johnne M c gill in Grenelaw, in Auguft, 1610: To pe taikin, 30 was rydand 
on him, immediatelie befoir 36 was tane. ITEM, 3e ar indytit and accufet for 3our treafonable 
Stouth-reif of ane kow, frome Robert Welfche in Dillovodie; committed three 3eir fyne, or pair- 
by; quhilk was than inftantlie flane and difponit vpone in 5our hous. ITEM, 3e ar indytit and 
accufed for 3our treflbnabill Stouth-reif from Johnne Johnneftoun in Lyncluden, of ane kow, tua 
3eir fyne, or pairby; and caufit flae and difpone vpone hir, in 5our hous, at sour plefour. ITEM, 
3e ar indytit lykwayis, for contravening of our fouerane lordis Actis of Parliament, in beiring and 
weiring hagbuttis and piftolettis vpone 3our perfone, and 'in 3our companie, oppinlie, outwith houflis, 
within pe fcherefdome of Drumfreis and ftewartrie of Kirkculdbrie ; and fat monethlie and daylie ; at 
the leift, in ane or vper of pe monethis, in }>e 3eiris of God I m .Vj c . fevin, 1608, 1609, 1610 3eiris: 
To the taikin, 36 was tane with ane piftolet vpone 3OW, quhilk 30 prefentit to Johnne Geddes at 3our 
talking. ITEM, 3e ar indytit for Cowmone Thift, Cowmone Reflett of thift, outputing and inputting 
of tbift, fra land to land, fra cuntrie to cuntrie, baith auld and new, notourlie knowin. BE the quhilkis 
Treafonable crymes aboue writtin, and ilk ane of them re/pectiue, committed be 3ow, and vperis in 
3our name, of 3our caufing, command, affiftance and ratihabitioun, as faid is, and quhairof 56 war and 
ar airt and pairt, 36 haue deferuet and incurrit the paines of Treafone, quhilkis fould be execute vpone 
3our body, lyfe, landis and guidis : And 50 haif fforfaltit to the Kingis Maieftie, 3our haill landis, 
fteidingis, rowmes, poffeffiones, takis, contractis, bandis, reuerfiones, richtis, fecuriteis, hoip and ap- 
peirance of fucceflioun, and all vperis landis, rychtis, guidis and geir quhatfumeuir, moveabill or vn- 
moveabill, quhilk 36 had, or quhilk 36 mycht haif appertenit, or ony wayis haif befallin to 3ow, and 
pe famyn fould be adiudget to haif befallin to our faid fouerane lord, and to appertene to his hienes, 
and to remane with him, his croun and fucceffouris, now and in all tyme cuming. 

Eftir productioun of the faid Dittay, be our faid fouerane lordis Aduocat, the 
faid Williame Douglas was put to the tryall of ane Aflyfe of the perfones fol 
lowing, viz. 

ASSISA. 

Williame Creichtoun of Ryhill, Thomas Hunter in Burne, George M c ne in Lyneluden, 

Alexander Maxwall of Logane, Williame Douglafs of Lache, Thomas Welfche thair, 
Johnne Broun of Mullennis, James MRerik of the Kerne, Niniane Myller in Ryhill, 
James Mairtene in Airdis, Johnne Greirfoun of Ingliftoun, Hew Douglas of Belliebocht, 

Jo n Fairies in Carfe of Kynneill, Johnne Carmichell elder in Spothe, Rodger Pad3eane of Newtoune, 

My lord Aduocat afkit inftrumentis of the fweiring of the Aflyfe. (1.) My 
lord Aduocat producet the tua Letteris of Hoirning for the Slauchter of vmq le 
Thomas Softlaw, togidder with ane Dittay aganis the pannell, and publicatioun 

1 Box, chest. * Hers. 3 After you was publicly accufed of the theft, until you got L.5, &c. 



94 CRIMINAL TRIALS. A.D. 1610. 

of his abfence, and Declaration!! of his being fugitiue fra the Juftice Court, 
haldin at Drumfres be my Lord Dumbar, for the laid Slaughter. (2.) Lykwayis, 
ray lord Aduocat producet tua Hoirningis aganis the pannell, for the Slauchter 
of Eduard Maxwall of Troftoun. (3.) For verificatioun of the thrid Article of 
Dittay, refpecttis the tua Hoirningis producet. (4.) ffor verifeing the fyft (fourth] 
Article, my lord Aduocat repeittis the notorietie of my Lord Maxwallis fforfal- 
tour, and producet tua Hoirningis aganis the faid Lord Maxwall, togidder with 
Letteris of Publicatioune aganis all our fouerane lordis legis, that nane fould 
reflet him : As alfo producet Letteris direct aganis the pannell, quhairby he was 
charget befoir the Counfall, and paft to the home for diflbbedience. (5.) ffor 
verificatioune of the fyft Article, repeittis the Judiciall Declaratioun maid be 
my Lord of Dumbar, anent the Warrand gevin to my Lord Hereis, for appre 
hending of the pannell and Eduard Maxwall of Craigtoun : And ficklyk, produ 
cet Letteris of Hoirning, beiring the faid Eduard Maxwall to be fugitiue. (6.) 
Repeittis, for verifeing thejttxt Poynt, the notorietie of the cryme with certane 
Depofitiones. (7.) ffor verificatioun of the 7 Poynt, producet his Depofitiones, 
togidder with his Indytement at the Juftice Court of Dumfreis, and of his being 
fugitiue thairfra. (8.) ffor verificatioun of the Piftolettis, repeittis his Depofi- 
tioun producet. (9.) ffor verificatioune of the quhilkis thiftious crymes, treflbn- 
ablie committit be the pannell, and that thairin he hes committit Treflbne, my 
lord Aduocat producet the pannellis Infeftment of the Land is of Lyncluden, to 
gidder with ane Contract fubfcryuit betuix him and the Lard of Lochinvar, fub- 
fcryveing him felf to be 'ffiear of Lyncluden ;' and repeittis that Act of Parliament, 
beiring Landit Gentilmen, committing Thift, to incur the cryme of Treafone. 

Eftir reiding of the haill poyntis of Dittay, the pannell confeflis the famyn to 
be of veritie, for ffeir of his lyfe ; and thairfoir becumis in his Maiefteis Will. 
My Lord Aduocat repeittis the writtis producet, and the Act of Parliament 
maid againft the committeris of Thift, be(ing) landit Gentilmen ; and in refpect 
thairof, Proteftis for Wilfull Errour againft the Aflyfe, gif they will acquit. 
My lord Aduocat declairit to the pannell, that nochtwithftanding of the admit 
ting of the Aflyfe, he is content, gif it be admittit be the Juftice, that the pan 
nell fall be reponit to his defenflis, and haif the affiftance of his prelocutouris to 
that effect ; and lykwayis, to obiect aganis the perfones of Aflyfe, gif he hes ony 
lauchfull exceptioun to propone aganis thame, albeit it be nocht the forme of 
this Judgement : And thairupoun aflat inftrumentis. Nochtwithftanding of the 
quhilk offer maid be my lord Aduocat, the pannell offeris him felf in his Maief 
teis Will, for the haill crymes contenit in his Dittay. 

VERDICT. The Aflyfe, be the mouth of Williame Creichtoun of Ryhill, chan- 
celler, ffand, pronuncet, and declairit the faid Williame Douglas of Lyncluden, 
to be ffylet, culpable and convict of the Reflet with the bludie hand of Johnne 



44&8JAC. VI. CRIMINAL TRIALS. 95 

Greir, principall committer of the Slauchter of vmq lc Eduard Maxwall of Trof- 
toun, immediatlie eftir the committing thairof : And ficlyk, to be ffylet, culpable 
and convict of the haill crymes of Treafone, and vtheris crymes at lenth fpecifeit 
and fett doun in his Dittay, aboue mentionet. 

SENTENCE. The Juftice, be the mouthe of Alexander Kennydie, dempfter of 
Court, decernit and ordanit the faid Williame Douglas to be tane to the Mercat- 
croce of Edinburgh, and firft, his richt hand to be ftrukin frome his body ; and 
thaireftir, the faid Williame to be hangit at the Mercat-croce vpone ane gibet, 
quhill he be deid : And all his landis, heritages, &c. to be fforfaltit and efcheit 
to our fouerane lordis vfe, as giltie and culpable of the faidis treffonabill crymes : 
Quhilk was pronuncet for dome. 



TOttri&traft JUurfctr * 

Sep. 7. GRISSELL GAIRDNER, relict of vmq le Johnne Baird, burges of 

Newburgh. 

Dilaitit of certane crymes of Witchcraft and Sorcerie, committit be hir, in 
maner and at the tymes fpecifeit in hir DITTAY following. 
PERSEWARIS, Mr Robert Foullis, fubftitute to our fouerane lordis Aduocat; Alexander Wentoun in 

Newburgh, for himfelf, and as Informer. 
PRELOCUTOUR for the pannell, Mr Johnne Ruflell, (Advocate.) 

IN JJE FIRST, for on-laying, be Witchcraft and Inchantment, of ane grevous 
difeas and feiknes vpone the faid Alexander Wentoun ; quhairin he lay in a feir- 
ful madnes and ffurie, )>e fpace of ten oulkis l togidder ; and in end, for af-taking 
of J)e faid difeas and grevous feiknes af him, be certain directionefc gevin, and 
v)>eris devillifche practizes vfet be hir, for his recoverie ; committit be hir in the 
moneth of Februare laftbypaft. ITEM, for hir devillifch Sorcerie and Witchcraft, 
practizet be hir, in laying on the lyk feirfull difeas and vnknawin feiknes vpone 
Williame Anderfoune, wricht in Newburcht, for certane allegit injuries done be 
him to Andro Baird, hir fone ; in the quhilk grevous feiknes he continewit the 
fpace of ten dayis togidder, tormentit in maift feirfull maner ; and af-taking of 
Jje fame feiknes, be hir, be repeiting thryfe of certain woirdis, quhilk fcho termet 
prayeris. AND ficlyk, for Bewitching of ane kow, pertening to )>e faid Wil 
liame, quhairthrow J>e haill milk that fcho Jjaireftir gaif was bluid and worfam ; 2 
committed be hir devilrie and Inchantment, in the monethe of Maij laftbypaft. 
ITEM, for ]5e Bewitching, be hir devillrie and Inchantment, of James Anderfone, 
fone to Margaret Balfour in Newburcht, in on-laying of ane grevous feiknes and 
difeas vpone him ; quhairof, in ane grit ffurie and madnes, within foure dayis 
eftir on-laying Jrairof, he deceiffit ; and Jmirthrow, for airt and pairt of his Mur- 
1 Weeks. 2 Blood and corrupted or purulent matter. 



96 CRIMINAL TRIALS. A.D. 1610. 

thour and deid, 1 committed be hir, in )>e Jeir of God I m .Vj c . and fyve 3eiris. 
ITEM, for ane cowmone and notorious Witche and abufear of )>e people, by lay 
ing on of feiknes vpone men, wemen, bairnes, and beftiall ; and be geving of 
drinkis, and vfeing of v]?er vngodlie practizes, for af-taking of )>e faidis feiknel- 
fis and difeafes ; and be confulting with the Devill, and feiking of refponffis fra 
him, at all tymes this fourtene or fyftene 3eir bygane, for effectuating of hir 
devillifch intentiones. 

It is allegit be Mr Johnne Ruflell, as ordiner prelocutor, as he allegit, for my 
lord (Archbifhop) of [St Androis, 2 that my Lord Juftice can nocht proceid in 
this matter, aganis the pannell, vnto the tyme a Precognitioun be tane of the 
cryme of Witchcraft, for the quhilk this pannell is to be accufet ; conforme to 
ane Commiflioun gevin to my Lord of St Androis, and certane Nobill men, to 
that effect. It is anfuerit be my lord Aduocat, that thair is na fie Commiffioun 
grantit, nather is the Commiffioune producet ; and albeit thair war ony lie Com- 
miffioune gevin, the famyn is nawayis derogatorie to my lord Juftice Jurifdic- 
tioun ; bot that the pannell man be put to ane Aflyfe, for the crymes lybellit. 

It is allegit be the pannell, that the firft pairt of the Dittay is nawayis rele 
vant ; nather is the samyn relevantlie qualifeit, bot altogidder friuolus and 
generall ; and thairfoir, can nocht be put to ane Aflyfe. It is anfuerit be the 
Aduocat, that the allegeance is nawayis relevant, bot man be repellit, in refpect 
of the Dittay and circumftances thairof. 

THE JUSTICE remittis the Dittay to ane Affyfe, to be cognofcet and tryit be 
thame. 

The Aduocat afldt inftrumentis of the chefing and fwering of the Aflyfe ; 
And proteftis for Wilfull Errour, in caice thay acquit hir; in refpect of the noto- 
rietie of the Dittay, and takinnis 3 gewin to ilk poynt of the Dittay, and of the 
fwering of Alexander Wentoune. 

It is allegit that Stemn Philp can nocht be reflauit vpone this Aflyfe, becaus 
Philpis wyfes guidame 4 and the perfewar Alexander Wentounes mother war 
fifteris. The faid Stevin Philpis ayth being tane thairupoune, declairit thai 
war lib, 5 bot knawis nocht how neir of kyn thai war. James Durie repellit be 
the Juftice, af this Aflyfe, in refpect of his declaratioune and ayth gevin thair- 
upoun, that he buir the pannell at na guid will. It is allegit aganis Robert 
Allane, that he can nocht be admittit Aflyfour, becaus Anderfones wyfe, quha 
is pairtie offendit in the Dittay, and Allane are thridis of kyn, 6 as was reknit. 

THE JUSTICE admittis Allane vpone this Aflyfe, for the haill poyntis con- 

1 Death. * George Gladstones, who was translated from the See of Caithness, anno 1606 ; 

but was not consecrated Archbishop, until 1610. 3 Proofs. * Grandmother. * Of 

kin, consanguinity, or relationship by blood. 6 Within the third degree of consanguinity. 



44&8JAC. VI. CRIMINAL TRIALS. 97 

tenit in the Dittay, except vpoun the article confauit in preiudice of Anderfone's 
wyfe allanerlie. 1 

It is allegit that George Henderfone can nocht be admittit vpoun this Aflyfe, 
becaufe the pannell hes Letteris of Lauborrus againft him, quhairupoun fcho hes 
gevin hir ayth of hir bodelie harme. Anfueris, nocht relevant, becaus the Let 
teris ar raiffit fen 2 the pannellis apprehenfioun for the fact lybellit, and fen the 
Counfallis ordinance, appointing hir to be tryit. 

The pannell, befoir the outpaffing of the Aflyfe, takis inftrumentis, that na 
poynt of the Dittay is fuorne to the Aflyfe, bot 3 the ffirft Article, anent Alexan 
der Wentoun, allanerlie. 

The Aduocat defyres, for forder informatioun to the Aflyfe of the pannellis 
Giltines of the haill crymes lybellit, that the Minifteris 4 Declaratioun, anent hir 
lyfe, tred 5 , and converfatioun ; as alfo, Dauid Orme, Bailzie of Newburcht, ayth 
and declaratioun of that pairt of the Dittay, concerning Anderfones wyfe and 
bairnis, be reflauit. It is anfuerit be Mr Johnne Ruflell, that thair Declarationis 
can nocht be reflauit, except thai war infert as perfewaris in the Summondis. 

The pannell proteftis that the Declaratioun to be maid be Mr Johnne Cauld- 
cleuche, Minifter, in this matter, quhairupoune fcho is dilaitit, be nawayis 
refpectit or advertit vnto be the Aflyfe. Mr Johnne Caldcleuch, Minifter? 
being fuorne maift folemnelie, be the Juftice, Deponis, that a fourtene yeir fyne 
this Griflell Gairdner was than fufpect to be ane wicket woman, and ane Sor 
cerer ; and be the Depofitiones of the Witches execute for Sorcerie and Witch 
craft, at Abernethie, Falkland, and Newburcht, fcho was reput to be ane mani- 
feft Witch ; bot becaus thair was na precedent fact qualifeit aganis hir, the 
Prefbiterie thuirfoir delayit hir Tryell and accufatioun. And as concerning hir 
lyfe and converfatioun fen fyne, fcho hes bene fulpect to be ane verrie evill wo 
man ; and for hir privat revenge aganis fie as fcho buir ony malice vnto, hes 
vfet devillifche and vngodlie meanis, be Sorcerie and Iricantatioun, to lay on 
dyuerfe grevous difeaffis on thame ; and Ipeciallie, on the perlbnes fet doun in 
hir Indytement ; quhairthrow the cuntrie and parochin 7 quhairin fcho duellis 
hes bene gritlie fclanderit, in fuffering fie ane perfone vnpwneift : For the quhilk 
caus, the Prefbiterie, efter tryell of the former offences done be hir, alfweill to 
the perfones contenit in hir Dittay as vpone dyuerfe vtheris that ar nocht no- 
minat thairin, direct the Deponer, as thair Moderatour, to notifie the treuth of 
the premifles to the Counfall, that fum ordour might be tane anent hir Tryell 
and pwnifchment. Quhairupoun my lord Aduocat afldt inftrumentis. 

1 Only, alone. This remarkable decision of the Justice, however inconsistent with modern practice, 
was by no means infrequent during the reign of King James VI. * Since. 3 Excepting. 

4 Clergyman of the parish of Newburgh. 5 Trade ; employment ; occupation. 6 See the King's 
Letter to this Minister, relative to Gowrie's Conspiracy, in this Collection, II. 317. 7 Parish. 

VOL III. N 



98 CRIMINAL TRIALS. A.D. 1610. 

VERDICT. The Aflyfe, for the maift pairt, be the mouthe of Williame Ram- 
iaye, burges of Newburgh, chanceller, ffand, pronuncet, and declairit the faid 
Griflell to be ffylet, culpable, and convict of the haill crymes aboue mentionat. 

SENTENCE. The Juftice Decernit and ordanit hir to be tane to the Caftell 
hill of Edin r , and thair to be wirreit 1 at ane ftaik quhill fcho be deid ; and thair- 
efter hir body to be brunt in afches ; and all hir moveabill guidis and geir to be 
efcheit and inbrocht to our foueran lordis vfe. 



antr CattU--fltealitt}j. 

Oct. 23. GEORGE BROUN, fone to James Broun, in Cokpen. 

Dilaitit, accuflet, and perfewit be Dittay, at the inftance of Robert Erie of Lou- 
thiane, and Mr Thomas Henderfone, Aduocat, fubftitute to our fouerane lordis 
Aduocate, of airt and pairt of the fteilling of ane waith naig 2 a tua yeir fyne, or 
thairby. ITEM, of fteiling of ane naig 3 furth of the Park of Newbottill, per- 
tening to Mr Alexander Ambroife, Minifter ; and of ane ftaig, 4 pertening to 
Thomas Stewinfoun, fofter 5 of the faid Park ; committit ane yeir and ane half 
fyne, or thairby. ITEM, for the fteilling of ane blak meir, 8 pertening to Johnne 
Fyndlafone, furth of the croftis of Leflie ; togidder with ane blak ftaig, perten 
ing to James Clerk ; and ane little foirdy 7 ftaig ; committed vpone the xxviij and 
xxix dayis of September laft. ITEM, for the fteiling of thre oxin, pertening to 
my Lord of Louthiane, furth of Newtoun-maynes ; committit the xxvij day of 
September laftbypaft. 

VERDICT. The Aflyfe, be the mouth of Barnard Borthuik in Caringtoun, chan 
celler, ffand, pronuncet, and declairit the faid George Broun to be ffylet, culpable, 
and convict of the haill crymes of Thift, contenit in his Dittay abbue fpecifeit. 

SENTENCE. To be tane to the Park of Newbottill, 8 and thair to be hangit 
vpone ane gibbet quhill he be deid ; and all his landis, heritages, annuelrentis, 
heritabill bandis, and vtheris his guidis and geir quhatfumeuir pertening to him, 
or quhairvnto he is provydit, to be fforfaltit and efcheit to our fouerane lordis 
ufe, as convict and culpable of the faidis thiftious and treffonabill crymes. 

Compeirit Mungo MCall, bailzie of Edinburgh, and eftir convictioun of the faid 
George Broun, and pronunceatioun of his Dome, aikit inftrumentis of his entrie 
vpone pannell ; and that he was delyuerit af the toun of Edinburgis handis, be 
the Juftice, to my Lord of Lothiane, to be execute, conforme to his dome. 

1 Strangled. - A strayed horse ; or perhaps a horse kept for waithe or hunting. It may be 

Htated, however, that the general acceptation of the term ( waithe hor/e,' is a stallion who escapes 
from pasture, and wanders in quest of mares ; but in this instance, he seems to have been wayf, or 
strayed. 3 Riding horse. A young unbroken horse ; a stallion. * Forester. ' Mare. 

7 Sorrel-coloured ; reddish. B The practice of executing Criminals near the spot where their 

crime was committed, did not seem to be much attended to at this period ; but this is one among the 
few instances of a pannel, tried in Edinburgh, being carried to some distance and executed for the 
greater example. 



44 & 8 JAC. VI. CRIMINAL TRIALS. 99 



, at. ff oltotoing tije Gipsies, 

Nov. 30. ELIZABETH WARROK, dochter of .... Warrok in the Pot- 
terrow, [Edinburgh]. 

Dilaitit of airt and pairt of the thifteous Steilling, conceilling, refletting and 
away-taking of ane filuer mafer, 1 pertening to Quintene Bouftoun, mercheand 
burges of Edinburgh, a thre yeir fyne or thairby. ITEM, for ane cowmone 
Vagabund and follower of the Gipfeis, and taking pairt with thame in all thair 
thiftis and juglareis this ten yeir bygane, contrair the Actis of Parliament. 
ITEM, for ane cowmone refletter of Thift. 

VERDICT. Fylet, culpable and convict of the faidis crymes. 2 

(Dec. 8.) SENTENCE. The Juftice Ordanit hir, togidder with GEORGE 
RAMSAY, fone to Nicoll Ramfay in Lefuaid, (quha become in will, for certane 
3owis 3 ftowin be him furth of the landis. of Libertoun, pertening to the tennentis 
thairof, quhilkis war reftorit bak agane to the awneris, &c.) to be SCURGET 
throw the Burgh of Edinburgh : And to be BANISCHET the haill liberteis thair 
of, and nevir to be fund within ffoure rnyles thairto ; vnder the pane of deid, 
viz. The faid George Ramfay, vnder the pane of Hanging, but 4 f order Dome ; 
and the faid Ellpeth, vnder the pane of Drowning, 5 but forder Dome or Law, to 
be haldin or prommcet aganis thame. 



[THE transactions of the bold and lawless men, whose trial ensues, and the violence and murders 
perpetrated by other Pirates, natives of both countries, but chiefly Englishmen, after the accession of 
King James to the British throne, excited the liveliest interest at the time, both in Scotland and Eng 
land. Instead, however, of entering into a lengthened detail of the crimes and the punishment of these 
desperadoes, the Editor will content himself by giving the result of pretty laborious searches, in an 
Appendix of Original Documents, which sets the matter in the clearest point of view. The sources 
from which these various and highly interesting Papers have been procured, are, as usual, noted.} 

Dec. 8. PETER LOVE, borne in Lewis, 6 in Suffex ; Johnne Cokis, borne 
in Walderfweik in Suffolk ; Williame Hollane, callit ' the 
Batifman,' borne in Suffolk ; Dauid Ho wart, Welchman ; Nico 
las Phillopes, borne in Waillis ; Jafperd Staffurd, Irifchman ; 
Anthony Colenis, borne (in Tregwne) in Cornel-fcyre, 7 in Ing- 
land ; and Abrahame Mathie, Inglifchman. 
Dilaitit of the crymes of PIRRACIE, contenit in thair Dittay, viz. 

1 Mazer, or drinking cup. Mazers were usually, of old, made of the maple-tree. 2 The sentence 
is not recorded. 3 Ewe-sheep. 4 Without farther sentence or trial. 5 The usual punish 

ment of death inflicted upon women for theft, &c. In cases of Treason they were beheaded and for 
Murder, Witchcraft, &c. burning at the stake was adjudged. It seems to have been then considered 
barbarous, as well as indelicate, to hang females, for any crime. 6 Most probably Lowestoffe, 

Suffolk, which was likely pronounced Lowes or Lewes, by popular corruption. 7 Tregony, in 

the county of Cornwall, navigable by barges from Falmouth. 



100 CRIMINAL TRIALS. A.D. 1610. 

FORSAMEKILL as from 3OWT verrie 3outh, as pernicious and wicket Impes of 
the Devill, being gevin ower to all foirtis of villaneis, robereis, and opprefliones, 
nawayis to be allowed within any Chriftiane cowmone-welth, fchaiking af all 
lauchfull tredis and callingis, but 1 feir of God, reuerence to the Kingis Maieftie 
or his hienes lawis, 36 betuik 3our felffis to J>at damnable tred of Pirracie, as 
rooges, thevis, and fea-robberis, pillieing 2 and opprefling all maner of people, of 
quhatfumeuir natioun or cuntrie, cuming within Jje compas of 3our mercieles 
power : And namelie, be committing of the perticuler Pirraceis, heirfchipis, 3 and 
barbarus Opprefliones vnderwrittin, quhairof 36 and ilk ane of 3ow ar airt and 
pairt, in manner as followis. In J?e firft, 36 and ilk ane of 3ow, being in com- 
panie with Capitane Cowart, Capitane Barret, and dyuerfe vtheris 3our com 
plices, notorious Pirattis, Revearis, 4 and Sea-robberis, in the monethis of Maij 
and Junij laftbypaft, lowfed af Ireland, 8 in )>is fchip callit J>e Preame, 6 quhairin 
36 was takin and apprehendit, be Neill M c Cloud of Lewis and his clan,&c. ; 36 faillit 
towardis )>e French coift, quhair 36, be way of Pirracie, faucht, aflailseit, buirdit, 
and be plane force tuik, J>e number of fax fchipis and tua boittis ; the firft )>airof, 
being ane Inglifch fchipof )?etoun of Baftable ; 7 the nixt, ane French fchip; thethrid, 
ane French fchip; the fourt, ane Inglifch fchip; the fyft,ane pink 8 of Dunkirk; the 
faxt, ane Dutch fchip; and Jjaireftir, tua fifcher boittis; ffurth of )>e quhilkis fchipis, 
and fpeciallie furth of J>e French fchipis, 36 pilleit, maifterfullie ftaw, 9 reft and rob 
bed fevin, hundreth Indiane hydis, with tua hundreth pundis Sterling of gold and 
money ; and ficlyk, tuik )>e faid Dutche fchip, quhilk 36 brocht with 3ow as ane 
pryfe to Ireland, laidnit with ane hundreth kiftis 10 of fuccour, 11 tua kiftis of iilver- 
plait, ane kift full of ryellis of aucht ; 12 togidder with ane box of Jewallis, the box 
being of filuer and moj>er-of-perle, of tua fute lang, and coverit with reid cram- 
mafie veluet, in J>e quhilk was four baifer-ftanes, 13 with certane bloode-ftanes and 
dyuerfe dyamontis and precious ftanes of grit valew. L YK AS, 36 pilleit and 
robbed furth of Thomas Snellingis bark, in South-Hamptoun, tua kiftis of 
quhyte fuccour, tua pakis of cannell, 14 ane hundreth littill barrellis of conferves, 
tua grit barrellis of pepper, fourtene bagis of ginger, ane barrell of cufcheneill 15 
of ane hundreth wecht ; quhilk box with ]>e xxix filuer plait, with }>e cannell, 
gynger, pepper, cufcheneill and hydis aboue writtin, 36 turnet out of J>e faidis 
fchipis vnto J)e Preame, and cayreit ]>e famyn to J?e Lewis, 16 quhair }>e famyn was 
tane, within this prefent fchip, be ]>e Hieland men. LYK AS, 3e, in )>e monethis 

1 Without. * Pillaging. * Plunderings. Persons who lire by plunder, who bereave 

others by violence of their property. * Loosed and set sail off the coast of Ireland. 6 Priam ? 
t Barnstable, in Devonshire. 8 A small ship built with a round stern, the bends and ribs com 

passing so as that her sides bulge out very much.' Bailey. 9 Stole. 10 Chests, boxes. 

1 Sugar. l2 Ilialls, or Pieces of eight. lf Bezoar- stones, supposed to be an antidote against 

poison. 14 Cinnamon. Cochineal, a scarlet dye. 16 The Island of Lewis, one 

of the Western Islands of Scotland, the property of the Clan M'Leod. 



M&8JAC. VI. CRIMINAL TRIALS. 101 

foirfaidis, pilleit and robbed furth of J>e faid Dutche fchip, and Inglis fchipis, pair 
victuallis, faillis and men, quhome 30 compellit to ferue 3ow, as flaves, in all fer- 
ueill and ilauifch exerceiffes ; and brocht the faid Pink to the Blak-rok, in Ire 
land, 1 quhair J>e faidis Capitane Barrett and Capitane Cowart, with nyntene of 
pair company, paft on fchoir, and was pair fuppryfet ; pe faid Pink tane and 
apprehended be certane boittis with men that come af )>e fchoir : And je, for feir 
of apprehenfioun, eftir ane combat fell out betwix 3ow, )>e faid Capitane Love, 
and pe fkipper of the fchip callit pe Preame, loufet out of pat raid, 2 and come 
with ane futherlie wynd to the Lewis, quhair 36 tuik and apprehendit Thomas 
Flemyng (Richiefone) in Anftruper, and his fchip, and ane Flemifche bufche, 3 
out of pe quhilk bufche 36 tuik fyve Flemyngis, and pat in hir fyve of 3our awin 
companie ; quhilk paireftir, be ftorme of wedder, was feperat frome 3ow and dre- 
vin to Schyteland, quhair pai landit, and detenit pe faid Thomas Richiefone and 
his fchip with 3ow, to be 3our gaird in the Lewis ; ay and quhill 36 and thay, 
with the faidis tua fchipis, war tane and apprehendit be the Hieland men. AND 
36 and ilk ane of 3ow ar airt and pairt of the Robereis and Pirraceis aboue writ- 
tin : To J)e taikin, 36 and ilk ane of 3ow, at pe leift fum of 3ow, hes Confeffit 
pe haill premises to be of veritie, be 3our Depofitiones. ITEM, for cowmone and 
notorious Pirattis, Sie-Revaris and Robberis, Spui^iearis 4 and revearis of leill 5 
menis guidis, alfweill on fie as land, quhaireuir 36 mycht apprehend pe famyn. 

ASSISA. 
James Lokhart of Ley, Mathow Baillie of Littilgill, 6 &c. 

The Aduocat afkis inftrumentis of the fwering of the Aflyfe : And for veri- 
feing of the Dittay, repeittis thair Depofitiounes producet. 

VERDICT. The Affyfe, for the maift pairt, 7 be the mouth of the faid James 
Lokhart of Ley, chanceller, ffand, pronuncet and declairit the faidis aucht per- 
fones on pannell, to be ffylet, culpable and convict of the haill perticular Pirra 
ceis and Robberies perticulerlie fet doun in the faid Dittay. 

DOME. To be tane to ane Gibbet vpone the Sandis of Leyth, within the 
fflodes-mark, and thair to be hangit quhill thay be deid : And all thair moveabill 
guidis and geir pertening to thame, and being in thair pofleffioun the tyme of 
thair taking, alfweill fchip as guidis, geir, jewellis and vtheris being within the 
famyn, to be efcheit and inbrocht to our fouerane lordis vfe ; as culpable and 
convict of the faidis crymes. 

1 There are two places bearing this name ; one in Sligo hay, the other four miles distant from Dub 
lin. 2 Road-stead. 3 A Dutch fishing-vessel, called a buss. 4 Spoilers. 5 Leal, 
loyal. 6 The remainder of the Assise, merchants. 7 By a marking in the Record, it ap 
pears that seven of the Assise, including the chancellor, voted for Cleansing or Acquitting the prifon- 
ers ; probably from some remarkable deficiency in the evidence adduced by the public prosecutor, for 
popular feeling against the Pirates was very strong ; and slender evidence in such instances was, in 
those days, enough to convict such pannels as those who were at the bar. 



102 CRIMINAL TRIALS. A.D. 1610. 

APPENDIX OF PAPERS ILLUSTRATIVE OF TRIALS FOR PIRACY. 
I. LETTER Neill M f cloud of Harris to the Privy Council. 1 

MY LORDIS of Coonfell, My dewitie (and) feruice being rememberit, I reflauit your 1. Lettre 
frome this beirair, Patrik Greve, defiling me to delyuer him the Inglifhe Pirott, whiche wes tane be 
my men, with all Irir equippage and apparrelling. Suirlie, my Lordis, I wes not at the takeing thair- 
of, for had I bene thair, I fould haif fend the faid Pirott, as 1 1 n > wes tane, to his Ma. and Counfell ; 
for fuirlie I delyuerit hir to the faid Patrik, with all her mvnitioun, as I reflauit hir my felff, to witt, 
with all hir faillis, towis, and tua ankeris, with xiiij peele of grite cairte peeleis,' with hir Capitane 
and nyne of his. As for ]>e reft, thay war flayne at the taking of |>e faid Pirott, and foare Dutcbeis 3 
that wer tane be the Capitane, aucht dayis befoir the hulk pall to the Meane-land ; for I wald nocht 
hald thame as prifounairis, in refpect tbay war takin perforce be the Capitane, with twa that deceiffit ; 
and I did keepe ane Scottis man in my awin cumpany, to 4 forder aduife. So I reft. 

LEWIS, the 16 of October, 1610. NEILL M C CLOUD. 

II. TRIAL of Thirty EngliJJi Pirates, before the Vice- Admiral of Scotland, 

his Deputes, and certain I^ords of the Privy Council. 

[THE following remarkable Trial is taken from an Official Extract preserved 
in the Charter-room of THE CITY OF EDINBURGH ; and is presented in this 
Appendix, in illustration of the extent to which Piracy had been practised, and 
of the unrelenting severity with which it was universally punished in this coun 
try, as well as in England. The Editor begs to acknowledge the ready and libe 
ral access which has been afforded to him, and the pelite attention of the Town- 
Clerk, in/acilitating this and former researches. A very interesting LETTER by 
the Privy Council to the King, which follows, (No. III.) fully explains many minute 
circumstances, and the course of proceedings adopted by them to check Piracy, and 
prevent, as far as possible, the recurrence of such atrocious and daring crimes.] 

CURIA JUSTICIARY ADMIRALITATIS SCOTIJE, tenta in Pretoria burgi de 
Edinburghe, coram Domino Jacobo Weymis de Bogie milite, Vice Admirallo Scotue, et Ma- 
gijtris Roberto Lermonth et Archibaldo Atchejbne Advocatis, Admirallis deputatis ac Supre- 
mce Curias dicta Admiralitatis Prefidentibus (prefentibus ibidem nonnullis ex nobiliflimo Ordine 
Senatarum, RegiceMajeftati a Secretis ConfiUis) vigefimojexto die menjts Julij, anno Domini mil- 
Ufimofexcentejimo et decimo. CURIA AFFIRMATA+ 

THE quhilk day, in prefens of the faid Judges, fittand in judgment, Compeirit perfonallie Maifter 
Robert Cokburne, Advocat, Procuratonr Fifcall of the faid Admiralitie, fpeciallie conftitute, and pro- 
dncet ane Dittay aganes certane Pirates, Sie-thives, and Rivers, 5 to the number efter mentionat ; in- 
dytting thame and ilk ane of thame vpoune the committing of certane manifeft barberous robereis and 
maifterfull ftealthes vpoune the Sie, thir dyvers yeires bygane ; togidder with ane Precept of the faid 
Great Admirall of Scotland, fummonding ane number of famous perfones to pas vpoune the faidis Pi 
rates thair Afiyfe ; and to determine tbairin affirmative or negative^ conforme to the faid Dittay, as they 
knew or fuld be fpeirit 6 at thame, vnder the panes thairin contenit; and defyrit juflice to be miniftrat 

1 From Orig. in Denmylnc CoU. ofMSS. Adv. Library. This Letter is superscribed ' JESUS.' * Perhaps 

'tew' mounted on carriages, similar to the heavy ship guns long in use on board of Pirate-vessels. * Flemings ; 
Dutchmen. ' Until. * Reivers ; robbers. Asked ; enquired. 



44&8JAC. VI. CRIMINAL TRIALS. 103 

in the faid mater, conforms to the lawis and practique of this realme, rait and cuftome of the faid Ad- 
miralitie, aganes the perfones Criminallis vnderwrittin ; quha, and ilk ane of thame, as they ar efter 
nominat, enterit and war prefent vpone pannell. Off the quhilk Dittay and Precept, the tenor followis. 

Followis the tennour of THE DITTAY. 

INTRANTES. 

CAPT. WM. RANDELL, Rodger Codgen, Afchtoun Courtney, 

Captane Johnne Parkins, Richard Robiefone, Robert Croudis, 

George Nicolfone, Alexander Wifche, William Peirfie, 

Jacob Janfone, Johne Frieman, Thomas Peirfie, 

Thomas Thomlene, Edward Brux, Johne Grafe, 

Robert Em, William Tai^oui^ Robert Weft, 

Andro Rawling, Johne Web, Johne Schiphird, 

Walter Cornifche, Richard Robifone* Francis Richtop, 

Cornelius Jacobfone, Benedict Ferres, Nicolas Dartnoll, 

Johne Williames, Francis Wallace, Johne Dawfone, 

gea ar indyttit and accufit of 3our lyffes, That 36 and ilk ane of 3ow, in maner, and at J>e tymes re" 
fpectiue efter fpecifeit, haveing fchaiken aff all feir of God, and dew obedience to our foverane lord 
the Kinges Maieftie, within quhais dominions 368 and everie ane of 3ow war borne, mifregairding his 
Maiefteis auctoritie royal, and loveabill lawis of his hienes realmes and kingdomes, and contempnand 
all humane focietie and honeft forme of traid and liveing, as becom Criftiane men borne within fua civill 
kingdomes, quhairin the trew feir of God is profeflit and f e Holie Evangill preichit ; takand 3our felffes 
to ane maift wyld, barbarous, favage, inhumane, and crowell form of lyff, hes amaffit 1 3our felffes in 
crewis and vnhappie companeis, in maill hofteill and cruell maner, with all ingyneis of ffyre-wark and 
vapons invafive, of fet purpos and intentioune to live as commoun roberis, thives, murthereris, and opin 
Pirates be Sie. LYKAS, 3ea and everie ane of 3ow, in maner and at pe tymes efter mentionat, hes 
committit the wyld, filthie, and abhominable Reiffes, Thiftes, Robereis, and Piraceis efter reherfit, als 
weill in forren Seis as within his Maiefteis awin Seis and watteris, not onlie aganes his Maiefteis 
freindis, confederates, and allayas, bot alfo aganes his Maiefteis frie leiges, being in thair laudifull traidis 
of navigatioun, by lying in thair wayes, and thair, maift cruellie and barberouflie, by way of Thift, opiu 
Reiff, Roberie, commoun and avowit Piracie, perfewing of tbame in all hofteill maner, as faid is, ta 
king of fair perfones captives, puting of thame in feir and dredour of fair lyves, robeing and reiveing of 
thame of fair fchipes and gudis, drowning, flaying, and tortering of fair perfones, maift vnmercifullie, 
ranfomyng, and be fetting of vthers vpoune fchoir in barberous ari'd vncouth 2 pairtes, leift 3our cruell 
practeiflis and Piraceis fould have bene be thame detectit ; and be practeiffing of all vther Sie-Thift?, 
Robereis and Piraceis, as is particularlie efter deducit. Quhairof 303 and ilk ane of 3ow ar fpeciall ac- 
toris, doeris, airt, pairt, red, and counfell ; quhilk 368 can not deny. Quhairby, 360 and ilk ane of 3ow 
hes demereit and worthilie incurrit the panes of death, to the terror and exempill of vtheris to attempt 
]>e lyk crymes in tyme cuming ; according to the prefcript of his Maiefteis lawis, and the maift love 
abill cuftome of this kingdome. AND NAMELIE, 3ow Capitane William Randell, than Captane of f e 
Schip callit THE GRYPHOUND, 3 vpoun the firft day of Julij, or fairby, 1609 3eiris, being at fe Long 
Hand, in Ireland, ane plaice of refort of all Pirates and opin Roberis, acompaneit with 5ow the faidis 
Jacob Janfone, Thomas Thomlene, Roger Codgen, Richard Robifone alias Dik Couper, Alexander 
Wifche, Johne Friman, George Nicolfoun, Edward Brux, Afchtoun Courtney, and Robert Croudis, 

1 Joined ; gathered ; confederated. * Strange ; unfrequented, * Griffin ; or, as it is here emphatically styled. 
Grip-hound. 



104 CRIMINAL TRIALS. A.D. 1610. 

with dyveris vtheris 3<rar complices, haveing amaflit 5onrfelffc8 togidder, with all hofteill maner, within 
the faid (chip, as faid is ; AND 5<>w the faid Capitane Johne Parkins, being than Captane of the 
Schip callit ]>e IRON PRYSE, being lyand in the fame Hod 1 of Long Yland, with 50111 fellow Pirates 
and complices, in the faid Schip, bodin and furnifchit lykwayes in hofteill maner, as faid is, acompa- 
neit with Captane Harvie, Captane Cowvard and dyvers vther Pirates, Sie-Roberis, and Reifferis, 
confultand, lurkand, and waittand vponne ]>e practeifiing of all kynd of Robereia and Piraceis, vpoun 
all maner of perfones without exceptioune ; 568 firft devydit 3our felffis, in maner efter following, viz. 
gea the faid Jacob Janfone, T7tomas Thomlene, Richard Robifone, Roger Codgen, Alexander Wifche, 
Johne Friman, George Nicol/bne, Edward Brux, Afchtoune Courtney, and Robert Croudis, the faid 
Captane Williame Randill being than abuird in the faid Captane Williame Parkins Schip foirfaid, 
in the faid month of Julij or Jmirby, at the leift vponne dyvers days of the famyn moneth, haveing con- 
fultit and plattit with the faid Captane Harvie maift thifteouflie and piraticallie reft and away-tuik J><> 
faid Captane Randellis Schip, and tuk faill and corns toward the Weft-waird, vnder the conduct of 
J>e faid Captane Harvie, quhom 568 all, of commoune confent, than choyfit for 5our Captane ; and cuni- 
and fordward, in the lattere end of )>e faid moneth of Julij or Auguft, in the faid 5eir 1609, at ]>e 
leift vpoune fum dayes of 56 famyn monethis, refpectiue, 5ea onbefet,* perfewit, and burdit, 5 at ]>e 
leift ane great number of ;<>w, at command and be advyfe of the reft, ane puir fifchar-man and his bot, 4 
and robit him of his wictuallis and all that he had. AND thairefter, in the faid moneth of Auguft, at 
J'e leift vpoun fum dayes pairof, ^ea the faidis Pirates affoirfaidis onbefet and perfewitt, in all hofteill 
maner, ane French Bark, cumand from |>e New-found-land, quhair 36 forceablie enterit abuird of )>e 
fame, robit and reft )>e haill victuallis being ]>airintill. AND tbairefter, in the faid moneth of Auguft, 
October, November, December, or vpoune fum dayis of be faidis monethis, refpectiue, 3ea, bane- 
ing returnit bak agane to Ballendrae, vpoune the Weft pairt of Ireland, and haueing trymit 5 5<mr faid 
Schip, and taiking faill and cours to be Seis for catching of 3our prayes, 6 vpoune dyvers dayes of )>e 
faidis monethis immediatlie aboue writtin, or fum of tbame, 3ea then forgadderit with Captane Pen-lie, 
ane comonne and deiteiftabill Pirat and Sie-river, and joyning ;<mr felff in vnhappie focietie with him, 
vpoune ]>e thrid day of ]>e faid moneth of November or ]>airby, or fum dayes of be famyn, being aff 
and on with the North Cap, 7 or neir thairby ; and thair, all togidder of on mynd and wickit refolutioune, 
avaitting and lurking for catching of 3our pray, 568 the faidis Pirates immediatlie affoirfaidis, forgad 
derit with ane Schip of Midilburgh callit THE SANCT JOHNE, quhairof Daniell Abeg was maifter, be 
ing than boun to Lighorne 8 in Italic, and thair ;ea altogidder being actoris and deid-doeris, airt, pairt, 
red, and counfell with vtheris, in all hofteill and forceabill maner, invadit and perfewit ]>e faid Schip, 
buirdit, reft, and variet 9 hir away to the Coft of Barbaric to Sancticruce, quhair 3ea and everie ane of 
3OW forceablie extnulit and pat out |>e faid Capitane Harvie ; and haveing electit Capitane Barrett to 
be jour Captane, enterit into ]>e faid Dutch pryfe, and gave )'e faid fchip callit the Gryphound to )( 
faid Captane Peirfie and his company ; and pair violentlie tuik William Sanderis and Michaell Pater' 
fone his boy, with fex mo captiues and prifoneris ; and fua deteinit tbame in the faid Schip, quhair the 
(aid Captane William Randell and Captane Johne Parkins being arryvit at Sophie in Barbaric, 
with 3our haill crew, and vicket companie foirfaid, enterit sour felffes in focietie with ]>e faid Captane 
Barrett, and thair 51-3 all, accorapaniet and affiftit with the faid Captane Peirfie, being tua Schipes 
togidder, in the monethis of December, Januar, Februar, Marche, Apryll, Mai j, Junij, at the leift 
vpoune dyvers and fundrie dayes of the faidis monethis, or fum of thame, paft to the Weft Yles, 10 quhair 
3ea haveing ranconnterit at |>e Yle Sanct Michaellis with tuo Englifch Schipes, and pair 568, with all 
kynd of hofteill maner, invaidit and perfewit the faidis tua Schipes, buirdit thame, and reft and robit 
thame of bair haill victuallis, and vther furnitur being |>airintill. LYRAS, alfo 56 be fadis Pirates im 
mediatlie aboue namet, in the faidis monethis of December, Januar, Februar, March, Apryll, Maij, 

1 Road ; road-ttead. * Attacked ; beset. * Boarded. ' Boat. * Trimmed ; refitted. Prey ; 

booty ' The North Cape. 8 Bound for Leghorn. ' Wore away ; varied her course, &c. '" The Azores. 



44 & 8 JAC. VI. CRIMINAL TRIALS. 105 

Junij laftbypaft, at pe leift vpoune fum or dyveris dayes pairof rejpectiue, 5ea, being boune altogidder to pe 
North Cap, and haveing forgadderit and met with ane French Schip, 368 all and everie ane of 3ow, actons, 

airt and pairt with vthers, maift cruellie invadit and perfewit an French Schip, callit ,1 

quhilk 36 violentlie manit and buirdit, reft and cariet hir away, and maid pe haill cumpanie and trew 
men being ]>airintill 3our prifoneris and captives. AND ficlyk, vpoune pe nixt day pairefter, being 
vpoune fum dayes of pe faidis monethis re/pectiue, at that fame plaice, or neir by to ]>e North Cap, 
3ea haveing forgadderit with ane Dutch Prem, 3ea altogidder being actons, airt and pairt with vtheris, 
in all hofteill maner, invadit and perfewit )>e faid Schip, manit and buirdit hir, tuik all her men and 
companie captives and prifoneris, and brocht pe faid Schip, with hir haill laidnyng, gudis and geir, to 
]>e Coft of Ireland, at pe faid Long Yland ; in the quhilk journey, jea the faid Robert Em was pre- 
fent, and voluntarie enterit in thair companie, and remanit with thame fenfyne, in all pair roberis. AT 
the quhilk Long Yland, in the faidis monethis of December, Januar, Februar, March, Apryll, Maij, 
Junij, or fum dayes of pe faidis monethis re/pectiue, haveing ftrukin faill and caffin anchor, and thair 
30W the faidis William Peirjie, Thomas Peirjie, Johne Williames and Nicoll Dartnoll, being tbair 
prefent, vpoune pe fchoir, as maifterles men and vagaboundis, cumiug of let purpos from Londoune 
to Ireland to pe faid Long Yland, being ane comoune plaice of refort of all Pirates and Roberis to 
enter in the wickit fellowfchip of Roberie, 5ea all, of 3our awin voluntar accord, and of devyce and plat 
foirfaid, com to pe faid fchip, quhairin the faid Captane Parkins, Captane Randell, and pair wickit 
companie wer, and enterit in the faid fchip callit pe Dutch Pryfe, as affifteris with pe foirfaidis vther 
Pirates ; AND haveing, in pe faidis monethis re/pectiue aboue writtin, or fum dayes pairof, louffit and 
maid faill thairfra, vpoune pe fame Coft of Ireland, 368 alltogidder forgadderit with tua French fchipes, 
and pair, in all hofteill maner, as faid is, maift cruelHe invadit and perfewit pe faidis tua French Schipis 
and pair companie, and violentlie buirdit thame, reft, and robit, and pillied 2 thame, and away-tuik pe 
faidis Schipes, with pe haill gudis and geir being pairintill ; and pat pe haill men and companie on 
fchoir, in findrie vncouth and barberous pairtes, to pe mercie of pe Seis ; AND thairefter, 3^3 all, the 
foirfaidis Pirates and 50111' complices, in the faidis monethis of December, Januar, Februar, March, 
Appryll, Maij, Junij, and Julij inftant, vpoune fum or mae days of pe faidis monethis re/pectiue, be 
ftorme of wedder being driven to pe faid Long Ylaud, and thair haveing caffin anchor, and haveing 
met and forgadderit, confultit, plattit and devyfit with Captane EJJ'on, Captane Si/chop, and vther 
Pirates and Sie-Roberis ; In this mene tyme, 3ow the faid Robert Waft, Walter Cornifc/ie, William 
Tailzour, Francis Wallace, Francis Richtop, Cornelius Jacob/one, Johne Schipherd, Richard Ro- 
bifone, callit Dik pe Hoyfer, Johne Gryfe, Andrew Rawlina, Johne Web, Benedict Ferres, and Johne 
Dawfoune, enterit in focietie and afliftance with pe faidis Captane Parkins and Captane Randell, and 
pe reft of pair wicket crew, of 5our awin voluntar accord, 368 being all maifterles men and vagaboundis, 
as faid is. LYKEAS, vpoune fum of pe dayes of pe faidis monethis re/pectiue abovewrittin, 5ea louffit 
all togidder, and tuk faill fra the faid Long Yland, and cam in 3our cours to pe Coft of Norroway ; 
and thair, haueing foirgadderit with ane Flemis fchip, being laidnit than with cornes, and thair 3ea, in 
all hofteill forme and mauer, as faid is, enterit abuird of pe faid fchip, tuik hir and hir haill laydnyng, 
gudis and geir, and robit hir of hir curceabill 3 gudis being pairintill, and detenit pe faid fchip in 3our 
companie captive and prifoner be pe fpace of four dayes or pairby. AND SICLYK, in the faidis monethis 
of December, Januar, Februar, March, Appryll, Maij, Junij, and Julij inftant, and vpoune fura or 
vther dayes of pe faidis monethis refpectiue, 3ea all, perfifting in 3our vngodlie and deteiftabill traid of 

lyff, haveing foirgadderit vpoune pe fame Coft of Norroway, with ane Dutch Schip, callit , 4 

5ea, being actouris, doeris, airt, pairt, red and counfell with vtheris, in all hofteill maner, as faid is, vio 
lentlie perfewit and enterit abuird, manit and tuik pe faid fchip and her haill cumpany, as prifoneris and 
captives, and made ane pryfe of pe famyn. AND ALS, 3ow, pe foirfaidis Pirates, in the monethis 

1 The name is left blank. 8 Pillaged ; plundered. 3 Merchantable ; staple. 4 Left blank. 

VOL. HI. O 



106 CRIMINAL TRIALS. A.D. 1610. 

immediatly affoirfaidia, at J>e leift vpoune fuin or findrie dayes of )<? famyn, continewallie lurkand 
and awaitting for ;nnr pray, haveing foirgadderit vponne ]>e Coft of Norroway with tua Dutch fchipes, 
quhairof [ ane was ane Schip of Danflcene, quhilk Schip ;e;i all as actoris, doeris, airt, pairt, red 
and counfell with vtheris, in all hoflell forme invadit and perfewit, as laid is, buirdit |>e fame, robit and 
llrypit )>< haill companie being |)airintill off thair -ml is and geir, reft and tuk out of }>e faid Schip of 
Danflcene tua peice of ordinance. AND LYKWAYES, in the faidis monethis of December, Januar, Fe- 
brnar, Man-lie, Appryll, Maij, Junij and Julij indant, or vpoun lum or vther dayes of be faidis monethis 
refjtectiiu-, jea, the foirfaidis Pirates and Sie-Thives and Rivers, being actores, doeris, airt, pairt, red and 
counfell with vtheris, haveiiig foirgadderit vpoune | e Cod of Zetland, within this Kingdome, with ane 
Can-all of Zermonth, quhairof Mr Muriall was mail i IT, and in all hofteill forme, as faid is, perfewit and 
invadit [ faid fchip, as faid is, robit and away-tuik furth bairof, fra the faid Mr Muriall tuentie-fyve pund 
driviling ; and from tua Falconeris, being paflingeris boune to Norroway for bying of halkis, 1 four pund 
driviling; and thairwithall tuik Johne Colman and Peter Inkiping furth bairof, as captives and priflbn- 
eris with ^ow ; and cariet thame quhair je pleaflit. AND ALSO, in the faidis monethis refpectiut imme- 
diatlie above writtin, and vpoune fum dayes thairof, lurking and awaiting continewallie for the cornpaU- 
ing and catching of jour pray, vpoune trew fubiectes, jea haveing fene and foirgadderit with ane Bark of 

Cathnes, vpoune }>e Coft of Zetland, quhairof was maider, jea the foirfaidis Pirates, at be leift 

|>e maill pairt of jow, and 36 all as actoris, doeris, airt, pairt, red and counfell with vtheris, vnder cloud 
and filence of nycht, invadit and perfewit j>e faid Bark, buirdit ]>e famyn, ftrak and brak vp ]>e kides 
and vther lokfaft lumes* being ]>nirintill, robit and tuk furth }>airof ane hundreth merk derling ; and 
tuk furth ane certane number of fteikis 3 of braid-claith pertening to ]>e faid maider, and cariet [' 
lainyn to jour fchipes. AND jea and ilk ane of ;ow gat jour Ikair 1 of be faidis robit gudis, and fua, 
at this felff fame tyme. AND vpoune be dayes of )>e monethis refpectiue foirfaidis, haveing jour cours 
direct towardis Orknay, thair to have lurkit, landit at J>e Cadell of Kirkwall, and com to f' tonne 
]>airof, quhair jea and ilk ane of jow, as opin and avowit Pirates and Sie-Roberis, behavit jour felffis 
maid barberouflie and baft lie, being eveir and at all t vines drukin, and fechtand amanges- jour felffis, 
and fubiecting and giuing of jour felffis ovir to all kynd of wyce and villanie. LYKAS, je, Jie faidis 
Robert Croudis, Richard Robifone, callit be Hoyfier, and Andro Rawling, in jour madd and drukin 
humoris, perfiding than in jour accudomit traid of Piracie, violentlie and perforce enterit and buirdit 
ane bark pertening to my Lord Erll of Orknay, lyand vpoune ]>e fchoir, off plane plat and intentioune 
to have robit, fpoljiet, and reft hir; quhair je was, in that attempt, tane and apprehendit. LYKAS, 
u 1 , )'P foirfaidis Pirates prefent on pannell, and ilk ane of jow, war thair lykwayes tane and aprehendit 
with the faid Dutch Schip, being laidin with hydis, leid, canon, arteiljerie and vther furnitur ; and jea 
and ilk ane of jow ar actouris, doeris, airt, pairt, red and counfell of ]>e famyn cryme, and of all and 
findrie ]>e premifles ; As je and ilk ane of jow can noclit deny, and ar all comoune Roberis, Thives, 
and Rivers, auld and new. 

Followis ike tenor of the PRECEPT. 

LUDOUIK Dux OF LENNOX, Erll of Darnlie, Lord Torboltoune, Methvene, and Obigney, &c. Great 
Admirall of Scotland : To our Louittis, &c. [It is unnecessary, in this place, to insert the Precept of 
Executions at length, which are in common form.] 

QUHILK Dittay and Precept affoirnamet being producit, in prefens of the faidis Judges^ and the 
foirfaidis haill Pirates and Criminallis indyttit, compeirand and enterand vpoune pannell, as faid is, the 
faid Procuratour Fifcall afkit indrumentis and Act of Court thairvpoune : And than defyrit the faidis 
Criminallis to be put to the knawlege of ane Aflyfe ; and for that effect defyrit the faid Afiyfe to be 
callit, and the foirfaid Dittay red, as is aboue-ceauit, 5 in prefens of the pannell and perfones of Aflyfe ; 

1 Norway was celebrated for the beat breeds of falcons, &c., for the sport of hawking, then so much in vogue. 
* Literally, looms ; implying lockers, chests, &c. in which valuable goods and money were stowed away. * Webs ; 

pieces. * Share, portion. Perhaps for ' conceavit.' 



44 & 8 JAC. VI. CRIMINAL TRIALS. 107 

quilhk defyre the faidis Judges thocht reffonabill, and thairfoir Ordanit the officeris of Court to call 
the names of the faid Affyfe, efter the Clerkis publict nominatioun, conforme to the Precept aboue 
writtin, direct thairanent ; quhairof the names compeirand followis. 

NOMINA ASSIST. 

John Landis, merchand, James Borthuik, merchand, \Villiame Duff, fkiper, 

Robert Halyburtoun, merchand, Johne Mairtene elder, fkiper, Williame Ridoch, fkiper, 
Johne Maflbune, merchand, Johne Mairtene younger, fkiper, Johne Watfone, fkiper, 

Johne Mitchelhill, merchand, William Weir, fkiper, Johne Moir, fkiper, 

Johne Hutchefone, merchand, Johne Wilfonne, fkiper, William Mureheid, merchand. 

Quhilkis perfones of Affyfe being reffauit, be confent of the haill Criminallis being vpoune the 
pannell, quha declairit they had na obiectioune nor imputatioune againes tliame, nor na caus quhy to 
repell and fet thame or ony of thame : In the quhilk refpect, the foirfaidis Judges tuik the faidis per 
fones of Affyfe and ilk ane of thame deiplie and folemplie fuome, vpon thair greit aithes, 1 that they 
and ilk ane of thame fuld leill fuith fay and na fuith conceill, for na thing that be mycht, bot to deter* 
mine verilie vpoune the faid Indytment, be thair pairt of Hevin, and as they fould anfuer to God at 
the dreadfull day of Judgement : Quha inftantlie paffit vpoune the faid Affyfe. And thairefter caufit 
reid the foirfaid Dittay to the pannell, in prefence of the faid Affyfe, in maner and conforme to the 
particular tenour and contentes above mentionat. Quhilk Dittay being judiciallie red, with findrie 
taikins 2 and informatiounis of everie ane of thair giltines ; compeirit the haill perfones of the pannell, 
and heirand the famyn, being accuffit thairvpoune, could fchaw na lauchfull nor reffbunabill caus of 
thair innocencie of the faidis crymes layd to thair charge ; ilk ane of thame for thair awin pairtes, con- 
forme to the faid Dittay, and according to thair awin Depofitiounis red to thame, and in prefens of 
the faid Affyfe, quhilk they Confeffit ; and referrit thame to the Tryell of the faid Affyfe. Quhair- 
vpoune the faid Procuratour Fifcall afkit inftrumentis and Act of Court ; and defyrit the faid Affyfe 
mycht be removet out of Judgement, and to be incloifit, to the effect they mycH give thair Verdict 
and determinatioune thairintill, according to thair aithes alredie folemplie gevin in manner foirfaid. 

VERDICT. Quhilkis perfonis of Affyfe, being removit out of Judgement and incloifit, electit and 
choyfit all with ane confent, the faid James Borthuik, as chanceller of the faid Affyfe ; and efter lang 
deliberatioune, reiding of the faid Dittay, togidder with the faid perfones Criminallis thair Depofitiounis, 
and vther notices and informatiounis, and als with thair Confeffioune vpoun pannell, being ryplie and 
at lenth advyfit, and all aggrieand in ane voice, but difcrepance or varriance, be the mouth of the faid 
ames Borthuik, chancellar, re-enterand agane in Judgment, Decernit and Declairit, and Decernes and 
Declaires, the foirnamet haill perfones Criminallis on pannell, and everie ane of thame, to be GILTIE, 
airt and pairt of the foirfaidis Robereis and crymes contenit in the faid Dittay, and Fyllit and Fyllis 
thame and everie ane of thame thairof, and (that) of everie heid, point, and circumftance of the faid Dit 
tay. Quhairvpoune the faid Procuratour Fifcall lykwayes afkit inftrumeiitis ; and Remittit the Dome 
to the faidis Judges. 

Followis THE DOME, 

At command of the faidis Judges, be the mouth of Patrick Leveraunce thair Demjtfter of Court. 
FORSAMEKILL as the faidis Captane William Randell, &c., 3 prefent on pannell, and everie ane of 
thame, ar ffund, be ane conding Affyfe, Giltie, art and pairt of the committing of certane vyld Robereis, 
Piraceis, and Reiffis, contenit in the faid Dittay immediatlie befoir writtin, quhairfoir I adiudge tbame 
and ilk ane of thame to be tane to the Peir and fchoir of Leith, within the Sie-fluid and mark thairof, 
and thair to be Hangit vpoune ane gibbett till they be deid. And Ordanes the foirfaid greit Dutche 

* This singular form of oath illustrates in the strongest manner the anomalous office of a Jury-man, in those 
times ; they being called as witnesses of the facts charged against the pannel, as well as Assisors, as has formerly been 
explained. * Proofs ; evidence. 3 The names of all the prisoners recited here. 



108 CRIMINAL TRIALS. A.D. 1610. 

Scbip callit the Pryfe, 1 haill arteiljirie, ornamentis and apperrelling thairof, hydis, Icid, and vtber fur* 
nitur being tbairintill, apprebendit with thame, and all vtlieris moveabill gudis and geir, to be efcheat 
and inbrocbt to our fouerane lordis ufe (hut preiudeice to my Lord A< Inn-rail of the efcheates of Pirates 
and Sie-Roberis in tyme cuming). And this I give for Dome. 

EXTRACTUM per me, Joannem Young, Scribam et Clericum Principalem dicta Admiralitatit 
Scotite,Jub meisjigno etfubfcriptione manualilnu. (L. S.*) JOANNES YOUNG. 

.III. LETTER, the Privy Council of Scotland to THE KING, * anentthe Inglifche 
Pyratisl* (Captains Randall and Parkins, <%c.) 

MOST GRATIOUS AND SACRED SOUERANE, 

VPOUNE advertifment gevin to ws that forae Pirott fchippis had bene feene in the mouthe of the 
Firth, 4 and the fame fecundeit by the complaintes of a grite many of your Ma 1 *' 8 fubiectis, bothe on 
the Weft Coaft and heir on the Eill, of the vnquietnes and hafaird of paffage, by reaflbun of the fre- 
quencie of Englifche Pirottis on the Tea ; and fpeciallie, of one of Caithnes, who, in bis palling home, 
wes robd of all that he had : And boith by him, and the repoirt of otberis who mett fome of thefe 
Pirottis on the fea, being certifyed, that they wer gone toward the Orknay Ylandis, We, being moved 
and grevit with the complaints of your Ma Ues poore people, and being loathe to impefche 5 your Ma- 
H -ill-is vtheris weyghtie affairis, with the aduertifment tbairof, whill 6 we had done fome thing thairin 
oure felffis ; and wiiheing that, in a mater of this qualitye, (admitting hardlie ony delay, wberin the 
omitting of the prefent occafioun micht do much harme,) your Ma''" fould rather find ws cairfull of 
our dewytie, then vtherwayes remiffe or negligent, we did heirupoun prefentlie direct thrie of the belt 
fchippis at that tyme within the harbour of Leithe, weill mannit and furneifiit with all weirlyke proui- 
lioun (your Ma Ues awne fchip at that tyme not being arryved heir.) And hauing gevin vnto tbame 
expres directioun and charge to make fearche, and to follow quhidderfoeuir thay could apprehend thofe 
Pirottis ; and our Schippis having mett with thame vpoun the coaft of the Mayne-land of Orknay, 
thay having fna faillis, the one a Schip aboue 200, the vther a Choife-pinnace 7 of 100 (twn of birth, 8 ) 
efter a bloodie conflict, in wbiche tua of oure men wer killed and lindrie hurte ; the Pinnace, being 
excellent in failling, maid choife rather by flicht to faife hir felff, then, by ony langer ftay, to abyde 
the hafard of taking : and albeit ilio wes followed for a fpace, yitt did iho ftill gayne ground. Wher- 
npoun, the perfuite being left of, the vtber gritt Schip in the meane quhyle being boorclit, wes broght 
away be oure fchippis ; and in hir wer takin to the nomber of threttie able men, befydes fome few 
prifounaris, whom thefe Pirottis did keepe aboorde. Who, after thay had bene dewlie and feuerall 
tymes examined, at laft all thefe threttie wer putt to thair tryell and found guiltye : Of whiche nom 
ber xxvij ar execute and putt to deathe ; of whome thair were tua Capitaines, by name Capitaine Per- 
kynis and Capitaine Randell. The other thrie are repryvit and continewit vntill fuche tyme as your 
Maieileis pleafour be knowne, in regairde that thair is hoip, by thair forder examinatioun, to learne 
oute fome thingis tuitcheing the eftait. We haif alreddy difcouerit fome mater of abufe, boiping to 

1 There is in the Charter-room of the city of Edinburgh, from which the above remarkable Trial has been taken, 
a GIFT or THX ESCHEAT of the Dutch Ship noticed in the foregoing ' Dome,' passing under the Privy Seal, and dated 
at Edinburgh, Aug. 7, 1610, in faveur of ' Thomas Young, induellar in oure burgh of Edinburgh, his airis and 
assignayes ane or ma ;' which narrates that these Pirates ' wer just lie and worthelie execute to the dead, vpoun the 
morne thaireftir.' * The ancient Seal of the Court of Admiralty is remarkable, having a Vessel of War in full 

ail, with the arms of Scotland, England, and Ireland, on three shields introduced in the centre of the smaller sails ; 
and on the main-sail is a large escutcheon of pretence, containing the quartered arms of the Duke of Lennox, as 
Hereditary Lord High Admiral, with the motto, ' KEIF.' The legend is, ' SIOILLVM. Orricii. ADMIRALITATIS. 
REGNI. SCOCIE.' * From the Original, preserved in the Denmylne MSS. Adv. Library, A. 2. 40. It is also 

transcribed by the Earl of Haddington, in his MS. Collection, General Register House, Edinburgh, but probably 
from an imperfect scroll or copy, as there are many minute variations. The most important of these are noted here. 
4 Of Forth. Fr. ; hindrance. Until. 7 Called a ' Chase-pinnace' in Had. MS. Added 

in Had. MS. 



44&8JAC. VI. CRIMINAL TRIALS. 109 

find more oute, wherby this grite increffe of Piracye bathe bene by fome, far aganis thair deuyteis to 
your Ma tie , too muche fofterit and mantenit ; bot of the particularis of the fame, as vnwilling to com 
mit thame to wryte, your Ma tie falbe certifyed at lenth by your Maiefteis Secretarye of this Kingdome, 
who is fchortlie to mak his repair thither. In the mean quhyle, the perfonis of thofe men whofe lyves 
ar fpaired falbe faiflie keept and maid furthcomeand, ather for forder examinatioun heir, or, vpoun 
knovvlege of your Maiefteis pleafour, falbe broght thither to be tryed. Thair wer alfo mony pregnant 
prefumptionis that howeuir thefe men now fpairit wer deprehendit in the focietie of the reft, that the 
fame wes more by enforcement then by confent, which wes 1 affirmed by the moft parte of thame who 
war executed. This company of Pirottis did interteyne one whome they did call thair Perfoune, for 
faying of Prayeris to thame twyfe a day, who belyke ather wearyed of his cure, or fearing 2 the enfening 
(dainger and 3 ) deftructioun of his flock, had foirfaikin thame in Orknay, and priuelie convoying him 
felff over land, wes at lenthe defcryed and deprehendit in the burgh of Dundie ; and being broght 
hither, did fo cleirlie confes and gif evidence aganis the reft ; and, being confronted, broght mony of 
thame to confeffioun. Thair being heirwith fome likliehoode that his ftay with thame had bene by 
conftraint, we haif heirvpoun, in lyke foirt, continewit him frome being putt to tryall vntill your Ma ties 
pleafour be knowne. 

We do vnderftand, by aduertifement from Orknay, that thair be fome fyve or fex Pirottis mo de 
prehendit ; bot quhidder thay be of this company or not, it is vncertane ; alwayes, we do expect thame 
by the firft occafioun of any fchipping that dothe come from thenfe. And fince none of ws ar igno 
rant, that by reafoune of aduertifements, not onlie frome all the corneris of your Ma ties awin domi- 
nionis, bot alfua frome foreyne pairtis, your Ma tie hes newer almoft ony intermiffioun or refpitt, (your 
Maieftie, by Godis Prouidence and to your fubiectis vnfpeakable happynes, being the great Occeane 
vnto whiche all revaris and brookis do rinne,) as in dewytie we could not omitt to acquent your Ma 
ieftie hierwith, fo the feir of troubling your Maieftie with too long a Letter hathe moved ws to refer 
the particular 4 relatioun of all the incidentis in this bufynes to a more proper occafioun. And con 
cerning all fuche other directionis as it pleifit your Ma tie , ather by Commiffioun fent be the Lord Bur- 
ley, or by Letteris wryttin vnto ony of ws, concerning the Marques of Huntley, the Erll of Errole, 
or ony vther mater worthie of the advertifing, your Maieftie falbe certifyed 5 of all thefe oure proced- 
ingis by the Secretarie, at his repair be your Maieftie. And fo, praying God to blifle your Maieftie 
with a long, happy, and profperous reignne, we reft for ever, 

Your Maiefteis moft humble and obedyent fubiectis and feruitouris, 
EDINBURGH, 27 July, 1610. DUNFERMELINE. DUMBAR. 

To THE KING his moft facred and excellent Maieftie, &c. 



IV. ExTRACTy/wtt Minutes of Privy Council Proceedings? JuL 4, 1615. 

THERE is one CAPTANE MAISONE of Lyne, with fyve or fex others of his companye, in warde 
within the Tolbuith of Edinburgh, upon verie probable fufpitiounes of Pirracye. The eftate of the 
caufe is this. Captane Mqfon, fome foure yeeres fence, or therby, having purchafed a yeere Tak 7 
of the Aflyife-hering 8 of the Northe Ylles ; and vpoun occafion of his haunting of the Ylles that yeere, 
having enterred in fome acquentance with the Biihope of the Ylles, and haveing tranfported him to 
and from Yreland, 9 he procures of the Bifhop, in the moneth of Apryll, 1612, a Leafe of a lytle Ylle 
called Rona ; bot neuer com to tak poflefllon of the Ylle, nor to try the worth thairof, whill 10 this yeere. 

1 The Had.MS. reads, ' And the same also." * ' Foirseing,' in the Had. MS. s These words added 

in the Had. MS. * ' Plaine,' in Had. MS. * ' Adueityset,' in Had. MS. 6 Denmylne MSS. 

Advocates' Library, A. 4<. 15. 7 One year's lease. 8 A tax paid to the Crown upon the quantity of herrings 
caught at the fishery ; which, owing to the expense of collection, was usually farmed out annually. 9 Andrew 

Knox, Bishop of the Isles, and Abbot of Icolmkill, had livings in Ireland. He was translated to the see of Raphoe, 
in Ireland, anno 1622. 10 Until. 



110 CRIMINAL TRIALS. A.D. 1610. 

Hea a pretty bark, wherewith this laft yeere bygone he made fundrye voyages betweene Amfterdame 
and Lyne, haveing none in eqayppage 1 but fex perfones. This yeere, when he refolues to come to 
our Ylles, he takes in at Yairmonth one CAPTAN WILMAN, who had beene a notable Pirott, and had 
obteaned his Maiefleis Remiffion, with two of his brether : And pretending, as he affermes, to come 
to Rona to have taken pofll-flion of the Ylle, and to have tryed the fifheing there, (althoght he was 
nouther prouided with fait, trees, victualles, nor no kynd of outredd for the fifheing,) he comes firft 
to Orknay, where he takes in other two perfones, the one to be a cook and the other to be a pyllot, 
and makes his adreafs for Rona ; but the winds being contrarious, and not darring tak land there, he 
comes about the Ylles to Mull, where he flayed foure dayes. In which tyme, there comes to M C CLEANE 
a derection and Commiflion from the Counfall, for the perfute of Coll M c gillefpik and the others Re- 
bells of Ha.* Captane Mafone being acquented heerwith, he ingyres him felf in that feruice, geveand 
M r claine to vnderftand that lie would hafard his perfon and fhip in perfute of the Rebelles, vpon hope 
of his Ma Uc * confideratioune and rewarde for his feruice. M c clane geveand truft to his difcourffis, 
encurages him to follow that enterpryfe ; and furnilhes him with fome victuales, for he had lytle or 
non of his owne : And fo, leaving M c claine his country, he comes bak againe that fame way he went, 
towardes Rona; and haveing flayed there fome half a day, and getting information that the Rebells 
wer in the Lews, ho derectis his courfe from that towardis Orknay, to tak in mo men, as he pretended, 
for the bettar flrenthening of him againft the Rebelles. In Orknay he taks in fex men, which made 
his nomber to be feavintenth perfones. And whereas he fhould have gone to the Lews, he directes his 
courfe for Zetland, and from that to the coaft of Norroway, where, going into a bay under a craig, 3 
and lying there at ankar couertlie vnder the craig, there comes by a fhip of Copmanhouen. 4 Vpon the 
fight wherof, Mafones fhip immediatlie loufes, followes the Copmanhouen Ihip, takes her, and bringes 
her in to the bay, takes the wholl equippage 5 oute of her, which wer four or fyve perfones, and ftowes 
thame in Mafones fhip. 

Captane Mafone, to excuife him felue of this deide, makes this difcourfe, that when he came to 
Zetland, Captane Wilman perfaveing ther voyage lyk to proof fruitles, there was no appearance of the 
Rebelles, he layed to his charge, and earnefllie delt with him to go feek fome adventur by fea ; and 
becaus he refuifed to yeeld to fuch a vnhonefl and vnlawfull motion, Captane Wilman flirred vp the 
wholl companye of his fhip againefl him, vfurped vpon him the charge and commandement of the 
fhip, depryved him of all charge, and took him aganefl his will to Norroway ; and when the pryife 
wes perfewed, flowed him beneth and at laft patt him in the pryife, whiche wes a ould lek 6 fhip, 
with three of his company that would not yeeld to follow Wilman, fpoilled him of his owne fhip, which 
wes a tight and good fhip, and fett him to the fea, to the haifard and perrell of his lyf. 

For difcouerie and tryeing of the troth of this difcourfes, the Counfall hes been verie carefull in the 
examinatioun of fuch of Captane Mafones companye as ar broght heere, and by there examination it 
is funden that (there) wes neuer any mater of conteftation betweene Maifone and Wilman, that Will- 
man flirred vp the companye againefl Maifone ; and that there was neuer once fuch motion in the fhip, 
concerning that mater ; that Mafone difwaded none of his companye to joyne with Wilman, nor neuer 
told ony of thame that Wilman had a purpofe for Pirracye ; but that 1 hay aggreid verie well in all 
thingis. And the Maifler of the Copmanhouene fhip fayd plant-lie, that Mafone wes aboue, 7 in his 
fhip, when he wes perfewed and taken ; and when his fhip wes broght in to the bay and faftened 
to the other fhip, that Mafone enterred in his fliip, and that Wilman and he fuped togidder and made 
mirrye vpone the prouifion that wes in his fliip, and drank out his wyne and his heir ; and that Ma 
fone lay all night in the pryife, and vpon the morn called for the Maifter of the pryife, and tould him 
that he behoofed to tak his fhip, feeing Wilman had taken his fhip ; and fayes, that vpon the morne., 

> Crew. * See Papers appended to the Trial of Sir James Makconeill, III. 1, &c. * Rock. ' The 

common name then in use for Copenhagen. * Crew. Leaky. : On deck. 



44 & 8 JAC. VI. CRIMINAL TRIALS. Ill 

both ihippes loufe and come togidder the fpace of foure myles, to witt, Maifon in the pryife, and Wil- 
man with the wholl companyee, except three men and a boy, in Mafones fhip ; and when they iinder- 
ed, there wes gryte mirth amonges thame, with drinking mouy good nightis; and the Maifter of the 
pryfe fayes forder, that his ihip is iij c dollouris bettar nor 1 Mafones fhip. 

The two companyees being findered, Captane Mafone come bak againe till Orknay in the Copman- 
houen pryife, of purpofe, as appeires, to have taken in fome ma 2 men ; but beeing guyltie, in his owne 
confcience, of Pirracye, he durft not tak land, but took him to the fea, and by ftorme of wedder wes 
dryven upoun the coaft of Caithnes ; and being lyand there, in a harborry, he wes boorded by a fone 
of the Larde of Markles, and he and his foure men were taken and fend heere. 

Captan Wilraan in Mafones fliip pail bak againe to that fame bay from which they loufed, and the 
nixt morning took a ihip of Ruftok, loadned with fifties, and fet the wholl companyee of the Ihip, 
being nyne in nomber, vpon a rock in the fea, and keept onlie one with thame ; and Wilman come 
with the pjyife and Mafones ihip till Orkney vpon a Sunday, and he pail to land and wes enterteaned 
by the country people, and fome come aboorde and wer mirrie with him. Vpon the morn, being 
Mononday, two of the Lairde of Grymmiffayes fones, and one Robert Elphinftoun, comes aboorde of 
the pryife, wherin Wilman and his ikippar war both for the tyme ; and haveing fome conference and 
fpeatch with thame, and efpying there ftrength, they commanded Wilman to rander ; and he refuifeing, 
the youngeil of Grymmiffayes fones immediatlie gave him a deadlie ftroak, wherwith he dyed pre- 
fentlie ; and at that fame inilant killed the ikippar by an other ftroak. And fo, the Captane and ikip 
par being both killed, the reft of the companyee and both fhippes randered. In this meantyme there 
is a Waughtar lyand in Zetland, attending the Flemes Fleitt 3 at the fifcheing, and being enformed 
by Mr Williame Levingjtoun fchiref-depute, that a Pirote with a pryife wes gone by towardes Ork 
nay, this Waughtar, refaueing a pylote from the Schiref-depute, followes the Pirote to Orknay, and 
comes directlie to this fame harborry where the Pirott and the pryife lay, takes thame both and bringes 
thame to Leyth, faying, that he had a command and directioun from his Maifteris, the Eftates, that 
what euer Pirrottes he fand in the Scottiftie Seas, he ihould tak thame and prefent thame with there 
ihippes and goodes to the Kinges Maiefties Counfall here. The Orknay men who killed the Pirrott 
and his ikippar followed the Waughtar, and greeveouilie complained of the wrong alledged done to 
thame in taking of the ihippes af there handes, which thay had recouered with the hafard of there 
lyues ; and they alledged that they wanted iindrie of there goodes which they had put in the ihippes, 
they being of purpofe to have broght thame aboute to Leyth. The Captane of the Waughtar excuifed 
him elue, that he knew nothing that they had recouered the fhippes ; but believing the ihippes wer 
ftill in the pofleffion of the Pirrottes, he tooke thame and broght thame heere to the Counfall and 
tuitching the goodes which they alleged they wanted, the Captane conftantlie affermed, and fo did the 
Orknay Pylote, that the Shiref-depute delyuered him, that they wanted not a pennie worth of that 
which he gott in the ihippes. The Counfall accepted verie well of the Waughtars doings, hes return 
ed him bak, with thankes, and hes propyned 4 him with a coup of Ix vnce 5 weight. 

Directioun is geven for delyuerie of the Copmanhouene ihip to the ownar, he geveand fome reafon- 
able fatisfactioun to the gentlemen who recovered the fame from Captane Mafone. 

Bycaus the owners of the ihip of Ruftok are not heer to refaue there ihip and goodes, and be- 
caus the goodes will not keepe in the ihip, therefor derectioun is geven to roup and fell the wholl 
goodes beeing within the ihip, and to mak pennie of the fame ; to be furth-cumand to the ownaris, 
whan they ihall come heere ; they geveand reasonable fatisfactioun to the gentlemen who recowered 
the fhip and goodes from the Pirrottes. 



More valuable than. * More. 3 Flemish Fleet. Gifted ; presented. 5 Sixty ounces. 



112 CRIMINAL TRIALS. A.D. 1610. 

JHttttlntion mitt Sememfcratimt. 

Dec. 19. JAMES FORRESTER, fone to vmq le James Forrefter, ffather- 
brother to Sir Robert Forrefter of Strahenrie, kny 1 . 

Dilaitit, accufet, and perfewit be Mr Dauid Anderibun at Balliugarrie, off 
airt and pairt of the Mutilatioun of the faid Mr Dauid of his richt airme ; com- 
mittit vpoun the tuentie day of October I m .Vj c . and nyne yeiris, foiranent 1 the 
faid Mr Dauidis duelling-hous dur, at the Kirk of Ballinserie ; vpone fett pur- 
pois, prouifioun, and foirthocht fellonie. 

The paimell, eftir reiding of the Dittay, acknowlegis the offence ; and maift 
humblie craves God and his Maieftie pardoun, and the pairtie, for the fame ; and 
offeris him felff in his Maiefteis Will thairfoir. 

VERDICT. The Aflyfe, in ane voce, be the mouth of Andro Cokburne in 
Treatoun, chanceller, ffand, pronuncet and declairit the faid James, conforme to 
his awin Judiciall Confeflioun, to be ffylet, culpable, and convict of the faid 
Mutilatioune. 

In refpect quhairof, the Juftice ordanit the faid James to be committit to 
waird within the Tolbuth of Edinburgh, thairin to remane, as ane convict per- 
foiie, quhill he be advyfet with the Lordis of Secreit Counfall, anent his Dome, 
to be pronuncet aganis him for the faid cryme. 

[Mr Alexander Colvill JuJlice-Depute.~\ 

Cfjeft df u*t--ratem]j ^Tatigfjter ftittrrommumnff tottl) tfje Clan 
&r*gm: dftflljt of Bfntatti), &t. 

[THE interest which now attaches to the proscription and subsequent history of the Clan MAC- 
GREGOR, induces the Editor to prefix a few explanatory remarks to the present Trial ; and especially 
relative to ' THE FECHT' or < flcirmifch' of ' BINTOICHE,' which is taken notice of in the Dittay. The 
difficulty of obtaining accurate information regarding such proceedings, and the obscurity in which 
almost all Highland transactions at this period are involved, render this the more necessary ; and it is 
hoped will plead the Editor's apology with those who deem such enquiries uninteresting. 

This Fight or Skirmish of Bintoich, then, is likewise known as ' the Chase of Ranefray,' having been 
fought, partly, as would seem, at both places ; or more probably the Fight took place at Bintoich, and 
the Chase or pursuit reached as far as Ranefray. ' The Book of Taymoulk' 2 thus narrates the transaction : 
Attoure, Robert Campbell, fecond fone to the Laird (of Glenurquluiy) Sir Duncan, perfewing ane 
great number of them (the Clan Gregor) through the countrie, in end overtuik them in Ranefray, in 
the Brae of Glenurquhy; quhairheflew Duncan Abrok Makgregor, with his fon Gregor in Ardchyl- 
lie, Dougall Makgregor M c Coulchier in Glengyle, with his fon Duncan, Charles Makgregor (M c ) 
Cane in Bracklie, quha was principallis in that band; and twenty utheris of thair compleifes (lain in 
the chaifs.' A contemporary historian, Sir Robert Gordon, in his History of tfa Earldom of Suther 
land,* p. 247, says of this affair, that ' here (meaning at Bintoik, which he had previously mentioned) 
Robert Campbell, the Laird of Glen-Vrquhie his fone, accompanied with fume of the Clanchamrou, 

1 Directly before or opposite. f An extremely interesting Family Chronicle, containing valuable notices of 

Highland History, and illustrating the genealogy of many families in those districts. The Original is in possession 
of the Noble family of Breadalbane, and, as the Editor has been informed, is likely to be privately printed for the use 
of THE BANNATYNK CLUB. * This curious work might with much propriety have been styled a History of Scotland. 






44 & 8 JAO. VI. CRIMINAL TRIALS. 113 

Clanab (M c Nabs), and Clanronald, to the number of tuo hundred chofen men, faught againft three 
fcore of the Clangregar ; in which Conflict tuo of the Clan-Gregar were (lain, to wit, Duncan Aberigh, 
one of the Chieftanes, and his fone Duncan ( Gregor 9) Seaven gentlemen of the Campbell's fyd 
wer killed ther, though they feemed to have the victorie ' 

It appears rather singular that the slaughter of one of the ClanGregor, at the very time when that 
Clan was the subject of Letters of fire and sword, should, by the Government, be held a crime ; 
more especially when the MacGregors were again in the very same predicament.] 

Mar. 2, 1611 Johnne M c kewin, in Kilbryde; Archibald M c ilvoyll M c - 
lowrin, Donald M c inowie, in Glencho; Duncane Caird 
M c gregour, Patrik M c ean Dow M c gregour, Allafter Bowie 
M c gregour Clerache, Dougall M c gregour Clerache M c - 
gregour, Duncane M c neill M c gregour, [Donald M c eandich 
M'gregour, 1 ] Johnne M c andro. 

Dilaitit, accufet and perfewit be Mr Robert Foullis, fubftitute to Sir Thomas 
Hammiltoun of Bynnie, kny*, Aduocat to our fouerane lord, for his hienes inte- 
reis, of the crymes refpectiue following, viz. THE faid Johnne M c ewin, ffor 
airt and pairt of the thiftious Steilling of tuelf fcheip fra the Barrone M c caflan, 
furth of his landis of Innerthonoling ; committit in the moneth of Auguft laft- 
bypaft 1610 yeiris. ITEM, ffor airt and pairt of the thiftious Steilling of tua 
gait 2 and ane fcheip fra Adame Colquhoun in Poirt, furth of the landis of Ban- 
rie, in the moneth of December I m .Vj c . and fax yeiris. ITEM, ffor airt and pairt 
of the fteilling of ane pair of pleuch-irnes fra Williame Myller in Schennekillis, 
furth of the landis of Schennekillis, in the moneth of Apryle I m .Vj c . and aucht 
yeiris. ITEM, ffor cowmoun Thift and cowmone Reflet of thift, inputing and 
outputing of thift, &c. AND for daylie Intercowmoning and keiping cumpanie 
with the M c GREGOums, affifting and taking pairt with thame, in all thair thifti 
ous deidis, heirfchipis, robreis and opprefliones, this thre or four yeir bygane. 
THE faidis Archibald M c ilvoyllM c Lowren,anil Donald M c lnnowie, fervandis 
to Allafter and Allane M c lndowie in Glencho, ffor airt and pairt of the treflbna- 
bill Raifeing of ffyre about Johnne Stewartis hous in the Camrone, in the Len 
nox, in the moneth of December laftbypaft ; aflageing of Duncane, James, and 
vmq le Johnne Stewartis thairintill ; AND ffor airt and pairt of the flauchter of 
the laid vmq le Johnne Stewart, at the tyme foirfaid. THE faid Duncane Caird 
M'Grcgour, ffor cowmone Thift and Reflett of thift, outputing and inputing of 
thift, &c. AND fFor daylie Intercowmoning and keiping of tryftis and conful- 
tationes, with the M'Gregouris, aflifting and taking pairt with thame in all and 
findrie thair thiftis, reiffis, and opprefliones, committit be thame this thre yeir 
bygane. THE faid Patrik M c ean Doivie M c Gregour, ffor being in company 
with the M c Gregouris, at the fecht or fkirmifch of Bintoiche, in the moneth of 
Apryle I m .Vj c . and four yeiris. AND ffor airt and pairt of the treflbnable 

1 ' Tane bak agane to waird, and nocht put to ane Aflyfe.' 2 Goats. 

VOL. III. P 



114 CRIMINAL TRIALS. A.D. 1611. 

Raifeing of ffyre, burning of the Caftell of Achallader, and of tuentie houffis in 
Glenlochie ; and for the crewall Slauchter of ffourfcoir ky 1 at the faid fecht. 
AND ficklyk, ffor airt and pairt of the Slauchter of vmq le Patrik Dow M c nab, and 
ane feruand of the Laird of Glenvrcheis, namet M c Layne, baith flane in the faid 
fecht of Bintoich. AND, ffor cowmone Thift, cowmone Reflet of thift, output- 
ing and inputing of thift, &c. AND, ffor Intercowmoning and keiping cumpanie 
with the M'Gregouris, in all thair wiket deidis, &c. THE faid Allajkr Bowie 
M'Gregour, ffor Cowmone Thift and cowmone Reflet of thift, outputing and 
inputing of thift, fra land to land, fra cuntrie to cuntrie : AND ffor Intercow- 
-moning and keiping daylie tryftis and conventiones with the M'Gregouris, and 
taking plaine pairt with thame in all thair violent and thiftious deidis, thir 
dyuerfe yeiris bygane. THE faid Dongall M c Gregour Clerach M'Gregour, 
ffor the crewall Slauchter of vmq le Gregour M c Gregour, fone to vmq le Duncane 
Abroche M c Gregour, be fchuteing of him with ane arrow behind his bak ; com- 
mittit in Auguft I m .Vj c . and four yeiris. ITEM, for Intercowmoning with the 
M' Gregouris, contrair the tennour of his Maiefteis Acts and Proclamationes, 
at dyuerfe tymes, fen the publicatione of the faidis Proclamations. THE faid 
Duncane M'Neill M'Gregour, ffor cowmone Thift, cowmone Reflet of thift, 
&c. AND als, ffor Intercowmoning with the M Gregouris, aflifting and plane 
pairt-taking with thame, in all thair thiftious deidis, thir dyuerfe yeiris bygane. 
THE faid Johnne M'Andro, ffor airt and pairt of the Burning of Johnne 
Stewartis hous, and Slauchter of the faid vmq le Johnne Stewart ; committit in 
the faid moneth of December, I m .Vj c . and ten yeiris ; at the leift, for keiping 
cumpanie with the faidis Archibald M c ilvoil M c Lauren and Duncane JVTInnowie, 
and the remanent perfones thair complices, quha come furth of Glenco, to the 

doing of the faidis crymes. 

ASSISA. 

Johnne Buntene of Ardoche, Johnne Buchannane, Williame Colquhoun, 

Parlane M c Walter of Auchin- Andro Cuninghame, Mr Malcolrae Colquhoun, 

vannell, Johnne Logane, fiear of Drum- Malcolme Crawfurd, feruitour 

Mango Buchannane in Tillie- chapell, to the Laird of Blair, 

chewiu, James Colquhoun, feruitour to Robert Blair, 

Tho* Fallafdaill of Ardoch-beg, the Laird of Kilbirnie, Dauid Drummond, 

Johnne Stewart in Camrone, Robert Bradie, feruitour to the Duncaue Menzies. 
Jo" Smyth in Auchindownanrie, faid James Colquhoun, 

VERDICT. The Aflyfe, be the mouth of the faid Thomas Fallafdaill, chancel- 
ler, ffand, pronuncet and declairet the faidis Johnne M c ewin in Kilbryde, Archi 
bald Mllvoill, Donald MInnowie, Duncane Caird M c Gregour, Patrik M c eandow 
M c Gregour, Allafter Bowie M c Gregour, and Duncane M c Neill M c Gregour, to be 
ffylet, culpable and convict of the feuerall crymes refpectiue aboue writtin, con- 

1 Cattle ; kine. 



44&8JAC. VI. CRIMINAL TRIALS. 115 

tenit in thair Dittayis : AND the faid Dougall M c Gregour Clerach, to be ffylet, 
culpable and convict of airt and pairt of the Slauchter of the faid vmq le Gregour 
M c Gregour, committit be the faid Dougall, he being within the age of tuelf yeiris 
for the tyme ; and ficlyk, for Intercowmoning with the MGregouris, conforme 
to the Article of his Dittay. AND ficlyk, ffand, pronuncet and declairit the faid 
Johnne MAndro, to be Clene, innocent and acquit of the Burning of the faid 
Johnne Stewartis hous in Camrone ; and Slauchter of the faid vmq le Johnne 
Stewart ; and remanent poyntis contenit in his Dittay. 

SENTENCE. The Juftice, be the mouth of Alexander Kennydie, dempfter of 
Court, decernit and ordanit the faidis Johnne M c Eivin t Duncane Caird M c - 
Gregour, Patrik M c lndow M c Gregour, Allajler Bowie M c Gregour, and 
Duncan M c Neill M'Gregour, to be tane to the Burrow-mure of Edinburgh, 
and thair, in the ordiner place of Executioun, to be hangit quhill thay be deid ; 
and all thair landis, heritages, guidis, geir, moveable and vnmoveabill, &c., to 
be fforfaltit and efcheit to our fouerane lordis vfe, as convict of the faidis crymes. 
AND fuperceidis the pronunceing of Dome vpone the vther thre, quhill he be 
advyfet with the Lordis of Secreit Counfall thairanent : And ordanit thame to 
be tane bak agane to their priffone, &c. 

[Mr Robert Coliburne, Advocate, Jufiice- Depute.] 

^laufljtet Carting totti) Jltstolete, &t, 

Mar. 8. JOHNNE CARUTHERIS in Netholme, fumtyme feruitour to 

Robert Lord Sanquhair. 

Dilaitit of airt and pairt of the creWall and vnmerciefull Slauchter of vmq le 
Andro Lyndfay of Rafkarrell, brother to vmq le James Lindfay of Fairgirth, and 
feruitour for the tyme to my Lord Hereis, be fchuiting of him throw the body, 
with aue piftolett ; committit be him and be George Graham, feruitour for the 
tyme to the faid Robert Lord Sanquhair, at the Weft end of the Brig of Dum- 
freis, vpone the xvij day of September or thairby, about the doun-fetting of the 
lone, in the yeir of God I m fyve hundreth fourfcoir faxtene yeiris ; off the quhilk 
fchotte, and be dyuerfe vtheris crewall and deidlie woundis, gevin to him with 
fuordis, quhingeris, and vtheris forbiddin wappones, he fchortlie thaireftir de- 
pairtit this lyfe. 
PERSEWARIS, James Lyndfay of Fairgirth, Hew Lyndfay, his brother, as brether fones ; Sir Thomas 

Hammiltoun of Bynnie. 
PRELOCUTOURIS for the pannell, Mr Thomas Hoip, Aduocat, Mr Johnne Dauling, The Tutour of 

Bombie (William M c Clellan), The Laird of Enterkyh. 

The Aduocat producet the Dittay, and takis inftritmentis thairupoun. The 
pannell producet Letteris of Relaxatioun, quhairby he is the Kingis frie lege. 
The faid Johnne Carutheris producet ane Remiffioun, for all cryrnes preceiding 



116 CRIMINAL TRIALS. A.D. 1611. 

the dait thairof, and takis him thairto ; and in refpect thairof, can nocht pas to 
ane Aflyfe. Off the quhilk Remiflioun, of the dait at Quhytehall, the xvij day 
of November, the yeir of God I m .Vj c . and fax yeiris, graiitit to him and to Alex 
ander Erie of Home, Lord Jedburgh and Dunglas, Sir Johnne Home of Huttone- 
hall, kny 1 , and dyuerfe vtheris thair complices, the tennour followis. 

REMISSION in favor of tlie pannell, the Earl of Home, fyc. 

JACOBUS, Dei gratia, Magne Britannic, ffrancie et Hibernie Rex, defenforque fidei, Cancellario 
noflro falutem. QUIA, ex noftris fpecialibus gratia et fauore, Remifitnus Alexandra Comiti de Home, 
domino Jedburt et Dunglas, et Jacobo Cran/loun in Huntlie-woid, omnem rancorem animi noflri, fee- 
tarn regiam et actionem quern feu quas contra dictas perfonas habuimus, habemus, feu quouifmodo iu 
futurum habere vel clamare poterimus, pro arte et parte Oppugnationis et Interfectionis quondam 
Leonardi Haitli in Pleuland, intra domum fuam de Pleuland, et Incenfionis et Combuftionis ejufdem 
domus per ipfoa, in menfe Octobri, anno domini millefimo quingentefimo octagefimo octauo commifs. 
Ac ECIAM Remifimus dicto Alexandra Comiti de Home, Domino Joanne Home de Huttone hall, 
militi, Magi/lro Samueli Home, ejus fratri, Thome Tyrie Tutori de Drumkilbo, Alexandra et Joanni 
Frenches, fratribus quondam Robert! French de Tliornydykis, Joanni Home in Kello, Roberto Home 
in Huttone, Roberto Auchincraw fervitori dicti Comitis de Home, Joanni Cran/loun filio Joannis 
Cranfloun de Moreftoun, Niniano Chimefyde feruitori dicti Comitis, Waltero Trumbk de Ramflat, 
Roberto Home filio Willielmi Home de Aytoun, Willielmo, Niniano et Archibaldo Homes, filiis quon 
dam Willielmi Home de S l Leonardis, et JOANNI CARUTHERIS, et eorum cuilibet, omnem rancorem 
animi noftri, fectam regiam et actionem quam feu quas contra dictas perfonas aut eorum quamlibet 
habuimus, habemus, feu quouifmodo in futurum habere vel clamare poterimus, pro arte et parte Inter 
fectionis quondam Willielmi Lauder, Balliui burgi noftri de Lauder, vocat. Williame at the We/Z-Poirt, 
intra Pretoriupi noftrum de Lanark ; ac pro arte et parte proditorie Incenfionis et Combuftionis dicti noftri 
pretorij per dictas perfonas, in menfe Maio, anno domini milleiimo quingeutefimo nonagefimo octauo 
commifs. Ac pro omni actione et crimine que defuper fequi aut contra dictum Comitem feu aliqnam 
reliquarum perfonarum antedict. inde quouifmodo imputari poterint : Et pro omnibus alijs criminibus, 
tranfgrefiionibus et offenfis quibufcunque, per dictum Comitem, vel aliquam reliquarum perfonarum 
fupra fpecificatarum, vllo tempore preterite, datam prefentium preceden. com miff. (Proditione in nof- 
tram perfonam, Raptu mulierum, et ffabricatione ffalfe et adulterate monete, tantummodo exceptis.) 
QUIA dictus Comes, pro feipfo, ac nomine reliquarum perfonarum antedict. eius complicium, partibus 
pro dictis Interfectionibus, ac etiam Balliuis, confulibus et com muni tati dicti noftri burgi de Lauder, 
pro reparatione noftri Pretorij antedicti, fatisfecit, prout nobis lucide conftat. VOBIS Precipimus et 
mandamus, quatenus Literas iioftras Remiffionis noftro fub magno figillo, in forma Capelle noftre de- 
bita, fupra nominatis perfonis, fuper premiflis, fieri faciatis. DATUM fub fecreto figillo noftro, Apud 
Quhytehall, decimo feptimo die menfis Novembris, anno domini millefimo fexcentefimo feptimo, et 
regnorum noftrorum annis quarto et quadragefimo. 

The Aduocat allegit that the Remiflioun is null ; becaus, be Act of Parlia 
ment, it is fpeciallie provydit, that na Remiflioun fall be grantit for Slauchter 
without fatisfactioun of pairtie, and is null be way of exceptioun ; and this pair- 
tie is nocht fatisfeit, ergo, &c. The pannell offerris to find cautioun to fatisfie 
the pairtie, conforme to the lawis of this realme ; and allegit that his Maiefteis 
Remiflioun anes being grantit, can nevir thaireftir be callit in queftioun, con- 
forme to the daylie practik of this realme ; and repeittis the lyk practik of Aber- 



44&8JAC. VI. CRIMINAL TRIALS. 117 

crumbie of Pitmedden contrair Gordones, quhair the lyk Remiffioun was fuftenit, 
vpone finding of cautioun. 

It is forder allegit, that this Remiffioun nather defignes quhair the pannell 
duellis, nather is the cryme it felfF fpeciallie expreffit in the Remiffioun ; and 
thairfoir, except the faid fact war fpeciallie expreffit in the Remiffioun, and the 
pannellis duelling and refidence fpeciallie delignet, the faid Remiffioun is null, 
and can nocht be admittit. It is anfuerit, that the pannell is remittit be his 
Maieftie for Burning of the Tolbuth of Lauder, and Slauchter of the Baillie of 
Lauder, and all vtheris crymes preceiding the dait of the Remiffioun ; and was 
than fervand to my Lord Home, quha hes tene Remiffioun ; and the faid Johnne 
Carutheris name is infert in the Remiffioun with the remanent perfones com- 
mitteris of the faid Burning and Slauchter, as being in cumpany with him at that 
fact : Quhilk defignatioun of his name to be Johnne Carutheris, with his ftyle, 
and that he is the perfone remittit, he offeris to preve be famous witnefles pre- 
fent at the bar. My Lord Aduocat defyret that my lord Juftice and Juftice- 
Clerk fould notifie this matter to the Counfall, and to defyre thair Lordfchips to 
wryte to his Maieftie, to vnderftand of his Maieftie, quhither this Johnne Caru 
theris be the perfone quhome his Maieftie hes remittit or nocht. 

THE Juftice continewis this mater to this day aucht dayes, the xv inftantis. 

(Mar. 15.) The Juftice, befoir Interloquitour, inquiret of the perfewaris, 
gif thai wald verifie ony vther perfone to be namet Johnne Carutheris nor (than) 
this perfone on pannell, quha was at the fact at Lauder, and wald inftantlie preve 
the famyn ? To quhome the perfewar anfuerit, that he wald verifie that thair is 
dyuerfe vtheris fa namit, but had nocht witneffes prefent ; and could nocht verifie 
that thair was ony vther Johnne Carutheris at the Burning of the Tolbuth of 
Lauder. And the defender, being inquyret, Gif he wald verifie him felf to be 
the perfone fpecifeit in the Remiffioun ? Anfuerit, that he wald verifie the famyn 
be the witnefles prefent at the bar. And for verifeing thairof, producet Johnne 
Cranftoune, Niniane Chirnefide, Patrik Chirnefide, and Alexander Haitlie. It 
was allegit be the Aduocat, that thai can nocht be reflauit as witnefles in the faid 
matter, becaus they ar infert in the Remiffioun as focij ejufdem crimims with 
the pannell, at the fact of Lauder. Thaireftir it was anfuerit be the pannell, that 
thai aucht to be reflauet, feing thay war nocht at the Slauchter of Lyndfay, for 
the quhilk he is this day perfewit ; and fa war nocht focij illius crimims. 

THE Juftice reflauit Johnne Cranftane, &c. : Quhilkis all being fuorne, De- 
clarit, that this Johnne Carutheris, prefent vpone pannell, was in feruice and 
companie with my Lord Home at the Burning of the Tolbuth of Lander, and 
is the felf-fame Johnne Carutheris fpecifeit in the Remiffioune : Quhairvpoun 
the pannell alkit inftrumentis. 



118 CRIMINAL TRIALS. A.D.1611. 

THE JUSTICE, be Interloquitour, ADMITTIS the Remiffioan prodacet; and Ordanis the pannell to 
find cautioun to fatisfie the pairtie perfewar, conforme to the lawia of thia realme ; accoirding to the 
modificatioune of the Lordis of Sefiioun : And als, that the Remifiioun fall be expcd throve the Seillis 
within fourtie dayis, conforme to the Act of Parliament, vnder the pane of tua hundreth pundis: 
And that being done, the faid Johnne Carutheria to be put to libertie. 

For obedience quhairof, the faid Johnne Carutheris ffand Williame M c Clellane, 
Tutour of Bombie, with him felff, cautioun to fatisfie the pairtie ; conforme to 
the Lordis modifications Lyk as, Johnne Cranftoun, brother to my Lord of 
Cranftoun, obleift him to expeid the faid Remiffioun throw the Seillis, within 
fourtie dayis, under the pane of iij c merkis. 

Mr Johnne Hay, in name of the Bailleis of Edinburgh, tuik inftrumentis of 
the faid Johnne Carutheris entrie vpone pannell, and of the Juftice Interloqui- 
tour aboue writtin, and the pannellis finding of cautioune aboue fpecifeit ; and 
in refpect thairof, and that the Juftice had ordanit him to be put to libertie, 
Proteftit that the Bailleis of Edinburgh fould incur na harme nor inconvenient 
for fetting of him to libertie. Quhilk proteftatioun the Juftice Admittit, pro- 
vyding the faid Johnne Carutheris be nocht arreiftit at the inftance of ony vther 
pairtie, for ony vther caufe. 



fram te &ailf af tje 

Mar. 15. GILBERT M C ADAME of Watterheid ; Donald M c millane of 
Knokingarroche ; Robert M c adame of Smeiftoune ; George 
M c adame, thair; Johnne M c nacht of Doungeucht; Gilbert 
Achannane of Murdochat; Robert Fergulfone of M c killief- 
toune ; Johnne M c kill, elder ; Johnne M c kill, younger ; Wil 
liame Makadame of Craigullane ; Thomas Gordoun of Crago ; 
Johnne Neilfon of Corfok. 

Dilaitit for the allegit contravening of his Maiefteis Proclamatiounes, in nocht 
accumpaneing and paffing fordwardis with Andro Lord Stewart of Vchiltrie, his 
Maiefteis Lieutennent, in the profecutioun of his hienes feruice, towardis the 
repreffing of the infolencies of certane the difobeclient Inhabitants of the lies of 
this kingdorne ; accoirding to his hienes Proclamationes maid to that effect, in 
the monethis of Maij and Junij, the yeir of God I m .Vj c . and aucht yeiris. 1 

Compeirit judiciallie the faidis Gilbert, &c., and in refpect that thai and everie 
ane of thame had furneiffit furth fufficient able men to the faid Leutennent in 
the foirfaid Expeditioun, and thairupoun had purcheft the faid Lord Leuten- 
nentis Teftificat, with his Licence to abyde at name them felffis, and nocht to pas 
fordward with his Lordfchip, in the faid Airmie : Quhilk Licence thay producet 

1 See Notice prefixed to the Trial of Sir James Mahconeill, May 13, 1609, Vol. III. p. 1, &c. 



44&9JAC. VI. CRIMINAL TRIALS. 119 

in Judgment to the Juftice, vnder the faid Lord Leutennentis fubfcriptioim, 
daitit at Air, the xxvij of Julij, I m .Vj c . and audit yeiris. And proteftit, that thai 
nor nane of thame fould be ony wayis trubillit, vnlawit, or perfewit for the 
cauffis aboue mentionet ; bot that thai and ilk ane of them fould be AfToi^eit 
jimpliciter thairfra, in tyme cuming : Quhilk Proteftatioun the Juftice admittit. 
And in refpect that the faid Andro Lord Stewart of Vchiltrie, his Maiefteis 
Lieutennent foirfaid, being perfonallie prefent, quha affirmet the Licences aboue 
written, and granting thairof to be of veritie, Ordanit that nane of the perfones 
foirfaidis fould be callit or trubillit for abyding fra the faid Raid of the lies, in 
.ony tyme coming. Quhairupoun the faidis perfones afkit inftrumentis, 



Mar. 16. JOHNNE HAMMILTOUN of Hairfchaw; Gawin and Archibald 
Hammiltoun, fones to the faid Johnne ; Symone and Williame 
Hammiltoun, brether to Hairfchaw ; Williame Hammiltoun, 
brother-fone to Hairfchaw ; James Lyddell, fone-in-law to 
Hairfchaw ; and Mathow goung, in Langlie. 

Dilaitit of the Slauchter of vmq le Johnne Findlay in Eglifchem ; quha was 
flane at the Kirktoun of Eglifchem, vpone the xvij of ffebruare, 1611. 

PERSEWAR, Archibald ffyndlaw, as brother to vmq le Johnne Fyndlaw. 

The Juftice, of confent of pairtie, continewis this matter to the thrid day of 
the nixt Juftice-air of the fcherefdome quhair the perfone abouewrittin duellis l 
(Lanerk.) 

[Sir Williame Heart, JuJtice-Depute.~] 

glmgfottt af Jlrobost af asaistotm footing ffias&ute, &c, 

Maij 22. JOHNNE KENNYDIE of Blairquhan, and Johnne Bairdis, 

brother germane to the Laird of Kilquhi^ie. 

Dilaitit of airt and pairt of the felloun and crewall Slauchter of vmq le Patrik 
Ahannay of Kirkdaill, Proveift of Wigtoune ; committit be thame and thair com 
plices, with fchottis of hagbuttis and piftolettis, at the Cruves of the Watter of 
Crie, in the moneth of December, I m .Vj c . yeiris, vpone fet purpois, prouifioun, 
and foirthocht fellonie : And for beiring, weiring, and fchoitting of hagbutis and 
piftolettis, contrair the tennour of the Actis of Parliament. 

PERSEWARIS, Patrik Ahannay of Kirkdaill, as fone to vmq le Patrik A. ; Sir Thomas Hammiltoun of 

Byris, knyS Aduocat to our fouerane lord, for his Maiefteis intereis. 

PRELOCUTOURIS for the pannell, My Lord of Caffillis, My Lord Vchiltrie, Gilbert Roifs; Mr Johnne 
Ruflell, Mr Thomas Hoip, and Mr Laurence Mgill, Aduocatis. 

The pannell acceptis the fummondis, and fpeciallie that pairt thairof quhair 

1 ' Plegijs, Hugone Montgomerie de Auclunhuid, et Joanne Hamaiiltoua de Hairfchaw, pro omni 
bus ; et ipfi ad relevand.' 



120 CRIMINAL TRIALS. A.D. 1611. 



the defunct was fcliot with peiftis 1 or dropis, with ane charget hagbut. It is 
allegit, that this matter can nocht pas to ane Aflyfe; becaus his Maieftie, of his 
fpeciall grace, hes gevin to the perfones on pannell ane Remiflioun, quhilk thai 
producet to the Juftice, of the dait at Edinburgh, the xviij day of Maij inftant : 
And offeris Cautioune to fatisfie the pairtie. It is anfuerit that this Remiflioun 
can nocht ftay the matter to pas to ane Aflyfe ; becaus, be Act of Parliament, 
in aimo 1593, it is provydit, that all Remifliones ar null that ar purcheft eftir 
ane pairtie paflis to the home for the tyme ; quhilk allegeance is reflauit be way 
of exceptioun, the pairtie nocht being fatisfeit. It is anfuerit, 2 that this Act of 
Parliament is nocht in viridi obferuantia, nor hes nocht tane effect in this Judge 
ment of befoir : Quhilk allegeance he offeris to verifie, be my Lord Caflillis, and 
vtheris heir prefent. 

THE Juftice continewis Interloquitour vpone this allegeance to ffryday nixt. 
(Maij 24.) My Lord Aduocat, befoir Interlocutour, pafles fra his lord- 
fchipis former allegeance : Quhairupoun the pannell takis inftrumentis. 

THE Juftice, be Interloquitour, Admittis the Remiflioun producet be the per 
fones on pannell and thair prelocutouris ; and Ordanit thame to find fufficient 
and refponfall Cautioun and fouertie to fatisfie the pairtie grevit ; conforme to 
the lawis and daylie practik of this realme. 

Quhairupoun the faid Johnne Kennydie of Blairquhan and Johnne Bairdis 
alkit inftrumentis : And ffor obedience of the faid Juftice Ordinance, nominat 
my Lord of Caflillis, my Lord Vchiltrie, Sir Robert M c clellane of Bombie, kny 1 , 
Williame Cunninghame of Capringtoun, and Sir James Kennydie of Cu^eane, 
as cautioneris, coniunctlie and feuerallie for thame ; lyk as, being all perfonallie 
prefent, in prefence of the Juftice, Band and obleift thame, coniunctlie and feue 
rallie, thair airis, executouris and aflignais, to fatisfie the pairtie, viz. the kyn 
and freindis of the faid vmq le Patrik Ahannay of Kirkdaill, ffor the flauchter 
aboue writtin ; conforme to the Lawis of this realme. 3 

1 Pellets, small shot ; but, most probably, what is now termed slugs, * Replied. 3 The ar 

guments are thus expressed in an after part of the Record. As the point started is interesting, and 
the Counfel engaged were the most eminent of their day, it has been deemed proper to preferve the 
arguments at length It being peremptourlie allegit for the pairt of the faidis perfones on pannell, 
be Mr Johnne Ruflell, with concurrence of Mr Thomas Hoip and Mr Laurence M c gill, Adnocattis, 
thair preloquitouris, that the faid fummondis and Dittay could nawayis be put to the knawlege of ane 
Aflyfe, becaus our fouerane lord, of his fpeciall grace and mercie, had gevin and grantit to thame ane 
Remiflioun for the faidis crymes, and producet the faid Remiflioun, paft the Grit Seill, of the dait at 
Edinburgh, the xviij day of Maij inftant ; quhairvnto thai tuik thame felfHs, and offerit refponfall cau 
tioneris and fouerteis, at the bar, to fatisfie the pairtie for the crymes contenit in the faid Remiflioune, 
accoirding to the modificatioun of the Lordis of Seflioun, lawis and practik of this realme. To the 
quhilk it was anfuerit be our fouerane lordis Aduocat, that the foirfaid allegeance aucht to be repellit, 
and the pannell, nochtwithflamling thairof, fould be put to the knawlege of ane Aflyfe ; becans, be Act 
of Parliament maid in anno 1593, it is ftatute and ordanit, that na Refpett nor Remiflioun be grantit 
at ony tyme thaireftir to ony perfone or perfones pafland to the home for Thift, Reif, Slauchter, 



44&9JAC. VI. CRIMINAL TRIALS. 121 

The pannels bound themfelves to relieve their cautioners ; and the cautioners 
alfo obliged themfelves to free each other, pro rata, &c. 



Jun. 7. ROGER GORDOUN in Glafniche, and Johnne Glendoning of 

Drumrafche. 

Dilaitit of airt and pairt of the Slauchter of vmq le George Stewart, brother to 
vmq le Mathow Stewart of Dunduff; committit the xxj 1 of September, 1601 
yeiris, vporie fett purpois, prouifioun and foirthocht fellonie : And als, for beir- 
ing, weiring, and fchuitting of hagbuttis and piftolettis, contrair the tennour of 
the Actis of Parliament. 

PERSEWARIS, Williame Stewart of Dunduff, Johnne Stewart, brether Tones. 
The perfewaris producet the Letteris deulie execute and indorfate vpone the 
faid Roger Gordoun and Johnne Glendoning ; and als, vpone Alexander Gordoun 
of Hillis, Williame and Robert Gordones, his tua brether, Robert Gordoun of 
Bannernie, Alexander Creichtoune in Garrick, and Thomas Creichtoun in Bal- 
caflie, quha ar paft to the home for the crymes contenit in the Letteris : And 
vpone the productione thairof, afkit inftrumentis ; and proteftit for the caution- 
eris relief for repoirting thairof. 

Continewit to the morne. Plegio, Wilelmo M c culloche de Mertoun. 
PRELOCUTOURIS for the pannell, Mr Johnne Ruffell, Aduocat, The Laird of Lochinvar. 

(Jun. 8.) The perfewaris declairit, in refpect that this Roger Gordoun 
is only airt and pairt of the Slauchter, and nocht principall actor of the fact, and 
thairfore, vnto the tyme the principall maliefactouris be apprehendit, quhairby 
the pannell his giltines or innocencie of that crewall flauchter may be tryit, de- 
fyres that he may be continewit to the thrid day of the air [Wigtoun], or foner, 
vpone xv dayis wairning ; and that cautioun be fund be him to that effect, vn- 

Burning, or Heirfchip, &c. quhill the pairtie fkaithed [Viz. until the party shall previously have recei 
ved pecuniary satisfaction or damages for the loss sustained] be fiift fatisfied : And gif ony fie Refpet 
or Remiffioun fould happin to be grantit, befoir the pairtie grevit be firft fatisfeit, the famyn fall be 
null, and of nane availl, be way of exceptioun or reply, without ony forder declaratour. Bot trew it is, 
that the perfones on pannel, lang befoir the purcheffing of the faid Remiffioun, war denunced rebellis 
and at the home, and war declairit fugitiues fra his hienes Lawis for the faidis crymes contenit in 
thairDittay; the pairtie nawayis being fatisfeit as 3it: And thairfoir, the faid Remiffioun vfet and 
producet is null, be way of reply. And for verifeing thairof, producet the Extract of the Hoirning 
aganis the pannell. To the quhilk it was duplyit be the pannell, that thay offerit thame to preve, be 
nay Lord of Caffilis, and tua Minifteris, at the bar, that fatisfactioun was offerit be thame to the pair- 
tie grevit, lang befoir thair paffing to the home, or purcheffing of Remiffioun ; quhilk was refuiflet : 
Secundo, it wes nevir in viridi obfervantia that the foirfaid Act of Parliament was authorifet in this 
Judgement ; nather yit could euir his Maiefteis fauour and pardoun, being anes grantit, be callit thair- 
eftir in queftioun. And thairfoir, takis thame, as of befoir, to his Maiefteis Remiffioun ; and offerit 
cautioun to fatisfie the pairtie.' 

1 In the act of caution the slaughter is stated to have been committed on the ' ellevint.' 

VOL. IH. Q 



122 CRIMINAL TRIALS. A.D. 1611. 

der the panes contenit in the Actis of Parliament. [Plegio, IVllelmo M c cul- 
loclie de MertounJ] 

The Laird of Mertoune amerciated ' in the pane of ffyve hundreth merkis, for 
nocht entrie of the faid Johnne Glendoning* on June 8, and Glendoning ordained 
to be denounced rebel, and all his * moveabill guidis to be efcheit,' &c. 



Jun. 28. PATRIK MAXWALL of Newwark. 

Dilaitit of airt and pairt of the Slauchter of vmq le Robert Montgomerie of 
Skelmourlie, and vmq lc Williame Montgomerie apperand of Skelmourlie ; com- 
mittit in the moneth of ..... I m .V c .lxxxiij yeiris. 

PERSEWAR, George Montgomerie. 

The Laird of Newwark producet ane Warrand of the Lordis of Secreit Coun- 
fell, direct to the Juftice, anent the deferting of this dyet, for the reffonis conte 
nit in the Suplicatioun gevin in to thair Lorfchipis thairanent ; with ane Com 
mand on the bak of the faid Supplicatioun and Warrand aboue writtin, com 
manding the Juftice to tak cautioun of ather of the pairteis, befoir thair cuming 
out of Judgement, that thai fall remane and keip waird within this burgh, quhill 
Tyfday nixt ; and that thai fall compeir befoir his Maiefteis Counfall the faid 
day, vnder the panes following, viz. of Newwerk, vndir the pane of tua thow- 
fand merkis, and George Montgomarie, vnder the pane of ane thowfand merkis. 
Quhilk Warrand is daitit at Edinburgh, the xxvij day of Junij 1611 inftant. 
For obedience of the quhilk Warrand, and ordinance thairin <x>ntenit, the Juftice 
Defertit the faid dyet ; and Ordanit the faidis tua pairteis, liinc inde, to find cau 
tioun for thair compeirance befoir the Lordis of Secreit Counfell the faid day, 
viz. the fecund day of Julij, vnder the panes aboue fpecifeit : Lyk as, for obe 
dience of the faid Juftice ordinance, compeirit Williame Lord Kilmaweris, and 
became plege and fouertie for the faid Patrik Max wall ; and ficlyk, compeirit 
James Dunlope of that Ilk, and become fouertie for the faid George, &c. 



[THE Records of the Court of Justiciary do not afford sufficient information regarding the facts 
connected with the following Case ; and, as it relates to individuals of considerable rank, the Editor 
thought it proper to select even such meagre notices as those which do occur. The Young Laird of 
Closeburn seems to have been one of the active spirits of these times, and to have been engaged in a 
laudable share of affairs of honour, and in quarrels quantum sufficit, and ( befitting his degree!' 

In Lord Hadingtons MS. Collections, the following remarkable entry occurs, under date Feb. 27, 
1610. ' The Lady Hempisfeild, haveing defyred Andro Quhyt, keiper of the Tolbnith, to bring to 
hir Soung Cloifbvme, who wes in the Tolbuith wairdit, to fpeak with hir in his houfe ; he doing it at 
her defyre, 3oung Cloifburne fchiftit him felff away, ffor the quhilk caus, fcho being put in the ToU 
buith, and thairafter tranfported to the Caftell, focht Licens of the Counfall to be tranfported to the 



44 & 9 JAC. VI. CRIMINAL TRIALS. 123 

toune ; quhilk the Lordis refuifled, vnles fcho wald aither enter 3oung Cloilburae, or find cautioune 
to fatisfie all pairteis be quhome he wes wairdit or arreifted.' J 

Closeburn's escape had been effected by his exchanging clothes with the Lady Hempisfield, a me 
thod which has often proved successful in similar emergencies. It may be remarked, that the jailor's 
house was commonly attached to, or rather consisted of one or more apartments of, the prison.] 

Jun. 28. ALEXANDER KIRKPATRIK, fone to Sir Thomas Kirkpatrick 

of Cloifburne, kny*. 

Dilaitit of airt and pairt of the Slauchter of vmq 16 James Carmichell, fone to 
Johnne Carmichell of Spothe. 

PERSEWARIS, Johnne and William Carmichell. 

THE Juftice, of confent of pairtie, continewis this dyet to the xxiiij of Julij 
nixt. [Plegio, D. Tho. Kirkpatrik de Cloifburne, milite.] 

(Jul. 24. 2 ) THE Juftice, of confent of pairtie, continewis this mater to 
the thrid day of the nixt Juftice-air of the fcherefdome of Dumfreis, or foner 
vpone fyftene dayis wairning : And ordanis cautioun to be ffimd for that effect. 
[Plegio, D. Thoma Kirkpatrik de Cloifburne.] 



JUurter tmter Crust, 

Jun. 29. PETER WEIR, fumtyme in Goittnow in Rig. 
Dilaitit of airt and pairt of the crewall Slauchter and Murthour of vmq le 
Johnne Hammiltoun, merchand burges of Edinburgh ; committit, vnder treft, 
vpone the fevint day of November 1608 yeiris, befyde Monharig burne-fute. 
PERSEWARIS, Jonet Small, the relict ; Patrik Hammiltoun, as brother ; Sir Thomas Hammiltoun 
of Byres, kny*, Aduocat to our fouerane lord, for his hienes intres. 
PRELOCUTOUR for the pannell, Robert Bannatyne, wryter." 

DITT AY agahjl Peter Weir, the pannell. 

FORSAMEKILL as vmq le Johnne Hammiltoun, merchand burges of Edinburgh, 
haifing conqueifl 4 and acquyret to him felf the richt of certane landis, occupyit 
and poffeft be Johnne Weir in Over Quhytecleuch, the faid Peter Weir, and 
Margaret Weir in Bagra ; and haifing thairupoun obtenit Decreitis of Remove- 
ing, aganis thame and remanent tennentis and occupyeris of the faidis Landis ; 
and for diffobedience of the charges of Hoirning, haifing denuncet the faid Peter 
owr fouerane lordis rebell, and put him to the horne, the faid Johnne Weir, Mungo 
Weir, his brother, the faid Peter Weir, and Margaret Weir, confultit and devyfet 
amangis thame felffis, how to bereiff the faid Johnne Hammiltoun of his lyfe : 
And for effectuating thairof, caufit certane freindis travell with him, and to cum 
in tryfting, 5 and to meit at Monharig, to cowmone 6 thairupone ; and affixt the 

1 Minutes of the Proceedings of the Privy Council, Had. MSS. A. 4. 22. Advocates' Library. 

2 The pursuers marked at this diet, are designed Johnne C. of Spothe, Williame C. his fone.' 

3 One of the brothers of the celebrated George Bannatyne, in honour of whose valuable compilation 
of early Scottish Poetry, the Club of that name was formed. * Purchased, in centra-distinction 
to having inherited. 5 By special agreement or appointment. 6 Commune. 



124 CRIMINAL TRIALS. A.D. 1611. 

fevint day of November I m .Vj e . and audit yeiris to that effect : Lyk as, the faid 
vmq 1 " Johnne Hammiltoun, for keiping of the faid tryft, accumpancit with James 
Creichtoun in Bar, being cuming rydand furth the hie way, in fober and quyet 
maner for the tyine, vpone the faid fevint day of November, to the appointit 
place aboue writtin, the faidis Johnne Weir, Peter Weir, Mungo Weir, and 
Margaret Weir, accumpaneit with dyuerfe perfones thair complices, being bodin 
with fuordis, quhingeris, kent-ftalfis and otheris wappones inva/iue, darnit 1 thame 
felfis in the hie way, befyde Monharig, quhair thai lay at await for the faid 
vmq le Johnne Hammiltones by-cuming ; and thair, vnder treft and friendfchip, 
maid crewallie invaidet him for his flauchter, drew him af his hors, and with 
quhingeris, gaif him threfcoir 2 bludie woundis, in dyuerfe pairtis of his body, to 
the effufioun of his bluid in grit quantitie ; and crewallie flew and murdreift him 
out of hand : And the faid Peter was and is airt and pairt of the faid Murthour. 
To the taikin, he and the faid Margaret Weir, being in cumpanie with the faid 
Johnne Weir, com to the faid James Creichtoun, and drew him doun af his hors, 
and held him be force doun, quhill the faid vmq lc Johnne was murthourit out of 
hand ; quhairthrow the faid James mycht nocht releif him. 

James Creichtoun, being fuorne, Declairit, that he, being in company with the 
defunct, the tyme lybellit, vpone the grund of the Land quhair the fact was 
committit ; and thair, this Peter Weir, with Margaret Weir, drew him af the 
hors and held him doun ; quhairthrow he was nocht able to defend the defunct. 
Quhairupoun my Lord Aduocat afkit inftruments ; and Proteftis for Wilfull 
Errour, gif the Aflyfe acquit. 

VERDICT. The AfTyfe, 3 being ryplie and weill advyfet thairwith, togidder 
with the faid Peteris Depofitiones, producet be our fouerane lordis Aduocat ; to 
gidder with the Letteris of Hoirning, quhairby the faid Peter was fugitiue fra his 
hienes lawis, for the faid cryme, lykwayis producet, for instructing of the Dittay ; 
thai, be the mouth of Robert Phillope, burges of Sanquhair, ffand, pronuncet, 
and declairit the faid Peter Weir to be ffylet, (be pluralitie of voitis,) of airt and 
pairt of the Murthour of the faid vmq le Johnne Hammiltoun. 

SENTENCE. To be tane to the Caftell-hill of Edinburgh, and thair his heid 
to be finikin from his body : And his haill guidis and geir to be efcheit to our 
fouerane lordis vfe, &c. 



Crmoit ^laujjjttr JHuvtrrr untev Crust, 

[THE TRIAL of the MURES OF AUCHINDRAYNE may, without hesitation, be pronounced to be one 
of the most remarkable, in the whole range of the Criminal annals of this, or perhaps of any other country. 
In it are unfolded their most hidden transactions, and the secret springs of their most private and craf- 

1 Concealed. * Three score ; sixty. ' Among their number were George Maxwell of Drumcowtrane, 

and James M'Morrane younger of Glaspen. 



44&9JAC. VI. CRIMINAL TRIALS. 125 

tily contrived plots, all of them leading to the perpetration of crimes so singular in atrocity, and of so 
deep a die, that one can hardly expect to meet with their parallel, even in the pages of Romantic fiction. 
By the clew, now afforded, may be traced almost the secret thoughts of two of the most accomplished 
and finished adepts in crime individuals who murdered by rule, and who carried forward their deadly 
schemes of ambition, by means of a regularly connected chain of plots and stratagems, so artfully con 
trived, as to afford them every reasonable prospect of success and even in the event of the entire 
failure of their plans, almost to ensure their escape from suspicion ; at the least, in their estimation, to 
warrant their security against ultimate detection, and consequently exempt them from the penalty of 
capital punishment. 

Ambition and the lust of power appear to have been the immediate procuring causes of all the crimes 
in which these infatuated men were involved. Theirs was not the sudden burst of ungoverned pas 
sions, which might have hurried them on to the commission of a solitary deed of frightful but unpre 
meditated violence nor were their crimes the consequence of ancient Feuds, inherited from their rest 
less and vindictive ancestors nor yet had they the too common apology that they originated in im 
petuous assaults made upon them, and that their hasty quarrels sprung from a fiery and unbridled tem 
per, which had unfortunately terminated in fatal results. On the contrary, the whole of their numerous 
attempts and crimes may be characterised as cool, calculating, and deliberate acts, anxiously studied, 
and by slow and patient, but sure degrees, matured and prosecuted, for a long series of years, until 
at length ' the measure of their iniquities overflowed,' and the unlooked-for concurrence of an extra 
ordinary train of circumstances, the most unlikely to have happened, eventually led to a triumphant 
discovery of their enormous crimes. 

It is quite unnecessary here to enter into any detailed account of the facts connected with the crimes 
of these individuals. Their leading features are already familiar to all, ever since the publication of 
' AUCHINDRANE, OR THE AYRSHIRE TRAGEDY,' from the pen of Sir Walter Scott; in the preface 
to which dramatic sketch, the origin and progress of these dark transactions are so fully discussed, 
that the Editor begs simply to refer the reader to a reperusal of that work. 

In addition to the information contained in the ' Dittay,' and in the pleadings in this Trial, the 
Editor has been anxious to collect and lay before the reader the most remarkable circumstances con 
nected with the history of the elder and younger Mures. For this purpose he has for some years past 
used all exertions to extend his researches in every direction, where authentic illustrative Documents 
and Records could be procured and he has now the satisfaction of appending to this highly interesting 
Case a variety of Papers, which may almost be said to throw all the light that can now be reasonably 
expected, on proceedings which occurred now above two hundred and twenty years ago. 

For the sake of saving too copious quotations in this work, the Editor has, through the liberal per 
mission of the Curators of the Library of the Faculty of Advocates, Edinburgh, published in a sepa 
rate volume ' THE HISTORIE OF THE KENNEDYIS, M from the Original MS. in their valuable collec 
tion. That History, besides the numerous interesting notices of the Mures of Auchindrayne, Sir 
Thomas Kennedy of Colzean, who ultimately fell their victim, the Earls of Cassilis, &c., enters most 
minutely into the Feuds and Conflicts of the Kennedies, Mures, Crawfords, &c., and satisfactorily de- 
velopes the causes out of which the various crimes of Auchindrayne and his son sprung. The state 
of society, and the habits and manners of the people of Carrick, are very graphically delineated by the 
author, who was evidently an eye-witness of the many interesting transactions he has recorded. 

For the purposes of the present Introductory Notice, it is enough to state, as in reference to the 
persons who principally figure in this dark tragedy, that so far as respected birth, the MURES OF 
AUCHINDRAYNE were of most respectable and ancient extraction, and were connected with many of 
the most opulent and influential families in Ayrshire. They also for a considerable period held a con- 

1 A limited impression of the ' HISTORIE OF THE KENNEDYIS' has been printed, uniformly with the works of THX 
BANNATYNE and MAITLAND CLUBS, and may be had of the Publishers of this Collection. 



126 CRIMINAL TRIALS. A.D. 1611. 

spicuous station in all the transactions and feuds of the district of Carrick. There is no reason to 
doubt that the Mures of MONYHAGEN and Auchindrayne (which last title was only latterly assumed by 
them) were cadets of the very ancient and honourable Family of Mure of Ilowallan, now represented 
by the present Marchioness of Hastings, as Countess of Loudoun, &c. In confirmation of this fact. 
Sir William Mure of Rowallan, knight, in his History of that House/ states, that Andrew Mure of 
Monyhagen, the first of the family, was either a son or a grandson of Sir Gilchrist Mure, who died 
circa ann. 1280. It does not appear how or when they became possessors of the Lands of Auchin 
drayne ; but it is certain, that previous to the Wars of Bruce and Baliol, Anrhindrayne (i. e. the Field 
of Thorns) belonged in property to Robert Brown ; and was, upon his forfeiture, granted by King 
Robert the Bruce to Henry Annan. By a Charter, dated March 16, 1498, James Mure of Monyhagen 
granted certain lands, in Wigtonshire, in favour of James Mure, his son, and Margaret Wallace, his 
spouse. One of the witnesses to this deed, is John Mure, ' grandfon and heir apparent of the faid 
James ;' which shews him to have been a very old man at that period, and that he was born circa 1430. 
This John Mure must have been the grandfather of the old Laird of Auchindrayne, who figures in the 
present Trial. 

It is pretty evident, as appears from a Charter of Novodamus of the Lands of Leffenhill, dated 
Sept. 29, 1671, by Chalmers of Gadgirtb, in favour of John Mure of Auchindrayne? that the elder 
Mure must have been nearly eiglity years of age at the period of his execution ! The grantee is de 
scribed as heir of John Mure of Monyhagen % ' proavi,' who had in like manner had a Charter of same 
Lands from Campbell of Loudoun, Sep. 2, 1550. 5 This John Mure, who obtained the above men 
tioned Charter 1671, married Bethia Hamilton, daughter of Hamilton of Dalzell, by whom he bad at 
least one son James, who probably predeceased him for he conveyed Auchindrayne to his brother 
Hugh Mure, whose son or grandson sold it early in the last century ; and the Family, it is believed, 
is now extinct in the male line. 

To return to John Mure Elder, and James Mure Younger of Auchindrayne, the subjects of the 
following Trial, it is worthy of notice, as proving their rank and consequence in the most convincing 
manner, that John Mure the elder married Margaret Kennedy, second daughter of Sir Thomas Ken 
nedy of Bargeny, (obiit, Nov. 7, 1597,) by Lady Agnes Montgomery, sister to Hugh, third Earl of 
Eglinton, and that James Mure the younger married Helen, second daughter of Sir Thomas Ken 
nedy of Colzean, Tutor of Cassilis, by Dame Elizabeth MacGill, daughter of David MacGill of Cran- 
stoun-Riddell, King's Advocate, and relict of the celebrated Robert Logan of Restalrig. 

On occasion of John, fifth Earl of Cassilis, going on his travels to France, he conferred THE BAIL- 
LI A nv OF CARRICK upon the elder Auchindrayne, for all the period of his life, an office of high trust 
and respectability, having the Civil and Criminal Jurisdiction of the whole of that extensive and po 
pulous district. It had previously been enjoyed by Kennedy of Blairquhan, one of the most powerful 
Chiefs of the name of Kennedy. The Earl had previously given Auchindrayne grants of a fivo-merk- 
land and a two-merk-land, in return for his fealty and service ; and besides, ' the faid Johne to be one 
his chargis euer quhan he ves out of Carrik.' 4 Through the influence, as was asserted, of Sir Thomas 
Kennedy of Colzean, the Tutor of Cassilis, this office was recalled on the Earl's return, which pro 
bably gave rise to the deadly grudge of Auchindrayne, and, after the lapse of many years, eventually 
terminated in his murder. After the period of this recall, Auchindrayne returned to the allegiance of 
the Laird of Burgany, and took a most active lead in all the feuds of that disturbed country. 

As the most copious materials occur in the Illustrations appended to the present Trial, and in the 
' Hiftorie of the Kennedyis,' relative to all the transactions of Auchindrayne, the Editor will not en- 

1 Written in or prior to 1657, and printed from the original MS. Crown 8vo, Glasgow, 1885. * He was 

eldest son of Sir John Mure of Auchindrayne, who was eldest son of James Mure younger oj" Auchindrayne, executed 
along with his father for the Murder of Dalrymple. * See Particular Register of Sasines for Ayrshire, II., 

613, where numerous entries occur ; but it would be foreign to the purposes of the present work to enter into length 
ened genealogical detail and proofs. ' See Historic of the Kennedyis, 4-tu, Kdiu. 1830, pp. 18, 19. 



44&9JAC. VI. CRIMINAL TRIALS. 127 

croach on the prescribed limits of this work, by entering into farther detail. It is hoped that enough 
is there given to gratify the most anxious enquirer. 

Among other curious matters which are mentioned in the present Trial, there occurs the ancient and 
almost universal superstition, that the body of a murdered person bleeds at the approach, or at least on 
the touch, of the Murderer ! This test of guilt, or ordeal, is so remarkable, that the Editor has made 
every investigation which his opportunities admit ; and lays the result before the reader, in the Ap 
pendix.] 

Jul. 17. JOHNNE MURE OF AUCHINDRANE, elder ; JAMES MURE, 
younger of Auchindrane ; and JAMES BANNATYNE of Cha- 
peldonall. 

Dilaitit of airt and pairt of the treffonabill Murthour of vmq le SIR THOMAS 
KENNYDIE of Culzeane, knycht, Tutour of Caffilis, vnder truft, &c. ; committit 
be the faid Johnne Mure of Auchindrane elder, in forme and maner, and at the 
fpeciall tyme fett doun in his Dittay. AND als, for the treffonabill Murthour 
of vmq lc WILLIAMS DALRUMPILL, in Air ; committit be the faidis Johnne 
Mure, elder of Auchindrane, (James Mure, younger of Auchindrane,) and James 
Bannatyne, in forme and maner alfo contenit in the Dittay, produceit be our fo- 
uerane lordis Aduocat aganis thame. 

PERSEWARIS, James Kennydie of Culzeane, as fone to vmq le Sir Thomas Kennydie of Culzeane, 
kny*, Tutour of Cafllllis ; Beflie Dalrumpill, as mother to vmq le Williame Dalrumpill ; Sir Thomas 
Hammiltoun of Byres, knycht, Aduocat to our Ibuerane lord, for his hienes interes. 

PRELOCUTOURIS for the perfones on pannell. 
Mr Johnne Ruflell, Aduocat; Mr Thomas Nicolfone, Aduocat; Jofephe Myller, Aduocat. 

My lord Aduocat producet the Dittay aboue (under) writtin. 
DITTAY againjl JOHN MURE, elder of Auchindrane ; JAMES MURE, younger 

of Auchindrane ; and JAMES BANNATYNE^WZ^W^ in Chapeldonane. 

JOHXE MURE, elder of Auchindrane, James Mure, younger of Auchindrane, 
and James Bannatyne, fumtyme in Chapeldonane, Ye and everie ane of yow, for 
your owne pairtes, refpectine, ar Indyted and accufed of the haynous, crewall, 
and treafonabill crymes vnderwrittin : FORSAMEKILL AS, be Act of Parlement, 
maid be oure fouerane lord and Eftaittis of this kingdome, in the moneth of 
July, 1587 yeiris, cap. 51, it is ftatute and ordaned, that the Mourthour or 
Slauchter of whatfumever our fouerane lordis liegis, whair the pairtie flayne is 
vnder the traift, credit, affurance, and power of the flayer, all fik Mourthour and 
Slauchter to be committit efter the dait of the faid Act, thefamin being laufullie 
tryed, and the perfoun dilaited, ffund guiltie be ane Affyfe thairof, fall be Trea- 
foun ; and the perfones ffund culpabill, fall forefault lyfe, landis and guddis. 
AND TREW IT is, that ye, the faid Johne Mure, elder of Auchindrane., haiving, 
without any jufte caufe, conlpyred the Mourthour of vmq le SIR THOMAS KEN- 
NEDIE ofCuttayne, knickf, in the moneth of Januar, or thairby, 1597 yeiris, 
accumpanyed with fevin or aucht of your complices in the faid interpryfe, came 



128 CRIMINAL TRIALS. A.D. 1611. 

to the Towne of Maybole, and being furelie informed that the faid Sir Thomas 

wes than foupping, vpon the day of the faid moneth of Januar, in the 

howfe of Sir Thomas Nifbett in Maybole, and wes to pafs, efter fupper, from 
that pairt to his owne howfe ; ye and your faid complices, bodin in feir of weir, 1 
with hagbuttis and piftolettis, and vtheris forbiddin and vnlaufull wapinis, 
dairnit* your felf, vnder iilence of night, about nyne or ten houres at evin, in 
ane obfcure place, by the whilk 3 the faid Sir Thomas Kennedies paflage laye ; 
and, fo fone as ye perfaued him, ye iercelie fet vpon him, perfewed him with all 
violence and crueltie for his flauchter, fchot and delafchit 4 at him ane great 
number of fchottis of hagbuttis and piftolettis, and ftill chaiffit and perfewed 
him ; whill, 5 be the Providence of God, and releif of honeft nightbouris, he wes 
delyuered from your crueltie. For the whilk vylde and barbarous offence, ye 
being fummond to vnderly the law, (wes) forced be your owne notour guiltines to 
go to the home. THAT feid and inimitie wes fchortlie thairefter removed, not 
onlie be publict and fworne reconciliation maid betuix the faid vmq lc Sir Thomas 
Kennedie and yow, the faid Johne Mure of Auchindrane, bot alfo confirmed and 
flrenthened, be allyance and mairiage of your eldeft fone vpone the faid Sir 
Thomas his dochter ; whairby the faid vmq le Sir Thomas wes drawin vnder fik 
traift, aflurance and freindfchip with yow, that he, lipning 6 altogidder to the 
fame, vpon the tent day of May, the yeir of God 1602 yeiris, being of inten- 
tione to ryde to Ed r for his laufull buffines, and having no lefs cair of your turnis 7 
nor of his owne, 8 he fend his feruand, Lancelot Kennedie, to wryte aduerteifinent 
to yow, that he wes to tak his journay touardis Ed r vpon the nixt day, whilk 
wes the ellevint day of May, 1602 yeiris, or thairby ; to the effect ye might meit 
him vpon the way, at the Duppil, a littill be-weft the burgh of Aire, and informe 
him of fik buflines as ye wald defyre him to do for yow in Ed r . Whilk aduer- 
teifment, being writtin at defyre of the faid Lancelot Kennedie, be Mr Robert 
Mure, than fchole-maifter of Aire, your kinfman, he fent that his Letter to yow, 
with ane fcollar boy, being in his fchole for the tyme, called Williame Dalrum- 
pill ; whilk letter cumming to your handis that efternone that it wes writtin, 
vmq te Walter Mure in Cloncaird being than in cumpanie with yow, in your 
place of Auchindrane, ye difpatchit bak the faid William Dalrumpill, in haift, 
directing him to returne to Maybole with diligence, and to deny that he had met 
with yow, or delyuered the Letter to yow : And incontinent thairefter, confult- 
ed and refolued with the faid vmq le Walter Mure of Cloncaird, to aduerteis 
Thomas Kennedie of Drumvrquhie, your gude-brother, 9 of the certaintie of the 

1 Arrayed in warlike manner. 8 Hid, concealed. * Past which. 4 Let off, fired. 

Fr. delascher. * Until. 6 Trusting, confiding. 7 Affairs or matters. 8 Than of his own. 

9 Brother-in-law. 



44 & 9 JAC. VI. CRIMINAL TRIALS. 12 9 

faid vmq le Sir Thomas Kennedie of Cullayne's journay, and of the way whilk he 
intended to ryde, ad vy ling the faid Thomas Kennedie of Drumvrquhie to vfe 
that occafion to Mourthour the faid Laird of Cullayne, in reuenge of the Slauchter 
of the vmq le Laird of Barganie ; whairof the Laird of Cullayne wes altogidder 
innocent : And conforme to your faid develifh refolution, ye, having aduerteifed, 
and perfuaded, and inftigat the faid Thomas Kennedie of Drumvrquhie to inter- 
pryfe the faid treafonabill Murthour, alfweill be your meffage fend to him be the 
faid vmq le Walter Mure of Cloncaird, as be ane vther Letter fend be yow to him 

with Makadam, your eldeft fones feruant for the tyme ; the faidis 

Thomas Kennedie of Drumvrchie and the faid vmq le Walter Mure of Cloncaird, 
accumpanied with fyve or fax of thair complices, vmbefet the faid vmq le Sir 
Thomas his hie-way, neir the pairt whair he had tryfted to meit yow, and vpon 
the faid ellevint day of May, 1602 yeiris, be your aduerteifment, counfall, and 
inftigatioun foirfaid, cruellie and treflbnablie Mourthoured and flew him, vnder 
traift, credit, and afiurance ; of your caufing, command, counfall, and ratihabi- 
tion ;* ffor the whilk treafonabill cryme, the faid Thomas Kennedie of Drum 
vrquhie ftandis forfaltit be Parlement. Notwithstanding whairof, ye, at all 
tymes fen the faid treafonabill Murthour, affifted and fupported the faid Thomas 
Kennedie, bothe within this cuntrie and fen his going furth thairof ; and hes keiped 
ordinar intelligence and correlpondence with him. AND ye, the faid Johne Mure 
of Auchindrane, ar airt and pairt of the faid cruell and treafonabill Murthour, 
and aucht and fould be forfaltit, and vnderly the pvrieifment of treafon for the 
fame. LYKE AS, ye, feiring the difcouerie of your guiltines of the faid Trea 
fonabill Mourthour, be the taking, tryall, and examinatioun of the faid Williame 
Dalrumpill, for efchewing thairof, ye caufed quyetlie convoy him to your place 
of Auchindrane, immediatlie efter the faid Murthour ; and caufed your wyfe 
keip him quyet within the farn, fumtymes within the barne and fumtymes in the 
turnepyke-heid ; 2 appoynting James Cuninghame, your feruand, to cairie his meit 
to him for the maift pairt, and to ly in bed with him ; keiping him verie quyet and 
fecret from all vtheris. And nevertheles, finding that, pairtlie be his weireing to be 
keiped as ane clofe prifoner, and pairtlie be the difcouerie of fum of your feruandis, 
who got knouledge of his being in your howfe, that he might be more publictlie 
difcouered, and ye thairby tryed 3 guiltie of the faid Mourthour, ye fend him to 
Loch-Ranfay, in Arrane, to the Laird of Skelmurlie, 4 your freind, 5 convoyed be 
your feruandis, Johne Mure called the Barroun, and James Gordoun, now ftabler 
in Ed r , and at that tyme your houfhald feruand ; whare he, being deteaned for 

1 Confirmation. Law Lat. ratihabere. 2 The top of the turnpike or circular staircase, common 
to the towers and residences of the principal families, in Scotland, at this period. In the course of the 
Trial, it is specified that he was kept ' in ]>e chalm&t in J>e turnepyke-heid.' 3 Found on trial to 

be guilty. * Sir Robert Montgomery. 5 Blood-relation; one related by the ties of consanguinity. 

VOL. 111. B 



130 CRIMINAL TRIALS. A.D. 1611. 

your caufe, ane lang fpace, and he lykwayes weireing to remayne in ane barba 
rous cuntrie, amang rude peopill, who nothing reguairdit him, being ane ftrenger 
to t hamr. leivand vnder ane counterfute name of Williame Mure, as ye had 
directed him ; efter fum difcord betuix him and ane of the Laird of Skelmurlies 
feruandis, he came bak to yow to Auchindrane, whair ye caufed keip him 
darned 1 in the barne and turnepyke-heid rejpectiue, till ye learned that your 
freind James Mure of Fleit wes going to the Warres in the Low Cuntries ; and 
than ye, be your felf and your Lady, perfuaded the faid James to tak the faid 
Williame to Flanders with him ; whilk he confenting to do, your wyfe gaue to 
the faid James ane naig, to help to mak the faid Williames expenfis ; and ye 
recommended to him the cairefull and faif tranfport of the faid Williame Dal- 
rumpill, and fend the faid James Gordoun, your feruand, to convoy thame and 
await vpone thame, to the Place of Cauldwell, in thair way to Leith. Lyke as, 
the faid James Mure of Fleit fend the faid Williame to Flanderis to the Warris ; 
whair he ferved dyueris yeires, and reflaued dyueris woundis, and fuftained many 
vther miferies in the fame : Whairthrow, he, becumming defyrous to returne to 
his natiue cuntrie, ye no foner hard of his hame-cumming, hot incontinent thair- 
efter ye fend for him to the duelling howfe of Walter Mure in Glenheid of 
Auchindrane ; and thairefter, vpon the .... day of September, or thairby, the 
yeir of God 1607 yeiris, ye directed the faid James Cuninghame, your feruand, 
to convoy him from the faid Howfe of Glenheid to James Bannatynes houfe of 
Chapel-Donald ; and calling yow, to forgadder with him be the way, 2 ye, the 
faid Johne Mure, elder of Auchindrane, and ye the faid James Mure, eideftjbne 
and apperand aire of the faid Johne Mure, elder of Auchindrane, meitting with 
the faid Williame Dalrumpill, in the hieway, betuix Auchindrane and Chapel- 
Donald, ye keiped cumpanie with him be the fpace of aucht myles, and held 
dyuers pourpofes, fpeaches, and conferences with him ; tryed of him the eflait 
of the Low Cuntries, and findrie vther materis ; till ye, cumming altogether to 
the houfe of Chapel-Donald, ye, the faidis Lairdis of Auchindrane, defyred the 
laid James Bannatyne to keip the faid Williame Dalrumpill, whom ye than 
named ' Williame Montgommerie,' whill he fould vnderftand farther of your pour- 
pofe : And fending vpon the morne thairefter, being Setterday the .... day 
of September, 1607 yeiris, for the faid James Bannatyne, ye, the faid Johne 
Mure, elder of Auchindrane, defyred him to bring to yow. to the Sandis of Gir- 
van, the faid Williame, about ten houris at evin ; whairin he 3 obeying yow, at 
his cumming with the faid Williame, he fand yow, the faid Johnne Mure of 

J Secreted, concealed. * Contriving that you should, as if by accident, meet with him on the 

road. 3 On the margin there is written, ' he fimplie Hpning (trusting) to traift and freindfchip, 

cam fimplie to yow,' but without a mark where it is meant to be taken in. The Dittay in Hadington's 
MS. Collections seems the original scroll, and bears numerous corrections, in his own hand. 



44&9JAC. VI. CRIMINAL TRIALS. 131 

Auchindrane, and James Mure, your eldeft laufull fone, attending thame i 1 And 
at your meitting, ye, the faid James Mure, demanding whair the boy wes ? And 
the faid James Bannatyne, fchawing to yow whair he had lichted fra behind 
him, 2 he paft fordward to yow, the faid Johne Mure elder of Auchindrane ; wha 
fchawing to him that boy wes he wha broght to yow the Letter of aduerteif- 
ment of Cullaynes dyet before his Mourthour, and that ye hauing vfed diuers 
meanes to put him by the way, for efchewing the difcouerie of your pairt and 
guiltines of the faid Mourthour, he flill returned within the cuntrie ; whairby 
ye, feiring that he fould be the meanes of your wraik, ye wes forced to refolue 
to rnak quyte of him : And the faid James Bannatyne, perfuading yow rather 
to giue him fumwhat and fend him away of new, when, as he had almoft per- 
fuaded yow, and that he and ye wer returning towardis your fone, to move him 
to allow of the faid refolutioun, fo fone as ye approched neir vnto him, he 
crewallie invaided the faid William e Dalrumpill for his flauchter, rufched him 
to the ground, and, fetting his kneyis vpone his airmes, he pat his handis in the 
laid Williames throt, and thairwith worried and flew him : In the whilk fact, 
ye, the faid Johne Mure, elder of Auchindrane, helped, with your owne handis, 
to hald him downe and fmore 3 him. AND incontinent thairefter, ye, the faidis 
Johne Mure, elder of Auchindrane, and James Mure, your fone, and ye, the faid 
James Bannatyne, taking ane fpaid and fchule, reddie prepaired be the faid James 
Mure for the pourpoife, caift 4 hollis in the fand to have buried him ; whilk dill 
fchutting and filling with fand and water, fwa that ye wes not abill to get his 
corps covered, ye, the faidis James Mure, younger of Auchindrane, and James 
Bannatyne, cairied his deid corps in the Sea, fa far as ye could waid, and left his 
corps thair, to be cairied to the mayne Sea, 5 be ane vtterlie wind ; 6 notwithiland- 
ing whairof, within fyve or fax dayes thairefter, the wind and tyde broght bak 
the dead corps of the faid vmq le Williame, neir to the pairt where ye had mour- 
thoured him : WHILK being tryed, 7 and the authoris of his Mourthour re- 
ferched, be all laufull meanes, the conftant and vniuerfall bruit 8 and opinion of 
the haill peopill of the cuntrie, blamed yow and evrie ane of you of the fam : 
Lykeas, in treuth and veritie, ye thrie are the verie and onlie Murthouraris and 
flayeris of the faid vmq le Williame Dalrumpill, vnder your traift, credit, affu- 
rance, and power ; in refpect that he wes knowne to you, the faid Johne Mure, 
elder of Auchindrane, at the tymes and in maner before fpecified ; and wes not 
onlie knowne to yow, the faid James Mure, younger of Auchindrane, whan he 
wes ane fcoller in Maybole, and whan he wes keiped in the place of Auchindrane, 

1 Waiting for them. Fr. attendre. z Alighted from horseback, on which Bannatyne and Dal 

rumpill had ' rode double.' 3 Smother, suffocate. This horrid manner of death is in all respects 

the same as that lately pursued by the infamous Burke and his associates ! 4 Cast, dug. 5 The 
Ocean. 6 An off-shore wind. ' Examined or investigated by the proper legal authorities. 

s Report. Fr. bruit. 



132 CRIMINAL TRIALS. A.D. 1611. 

in anno 1602 yeiris, befoir his going to Arcane, and efter his bak-cumming 
thairfra to Auchindrane ; hot alfo at his going fra Glenheid to Chapel-donald, 
whan ye, the faidis Johne Mure of Auchindrane, and James Mure, your eldeft 
fone, convoyed him to the howfe of Chapel-Donald, recommended him to the 
faid James Bannatyne, and left him in the keiping of the faid James Bannatyne ; 
and, thairefter, fend for him to cum to yow to the Sandis of Girvan ; whilk 
meflage he obeyed, and moft willinglie and reddelie cam to yow ; whan he, being 
vnder your traift, credit, aflurance, and power, ye treafonablie flew and mur- 
dreifled him, in maner aboue-writtin : AND yow, and evrie ane of yow, ar airt 
and pairt thairof, and aucht thairfoir be Decerned to forfeit lyfe, landis, and 
gudes, and to amit all landis, heretageis, takkis, fteidingis, rowmes, poffeffionis, 
teyndis, cornis, cattel, gudes and geir, titillis, proffitis, commodities, and rightis 
whatfumever, directlie or indirectlie perteaning to yow, or ather of yow, at the 
committing of the faidis Murthouris, or fenfyne, or to the whilk ye, or any of yow, 
had richt, clame, or actioun. 

IT is ALLEGET be the pannell, that na proces can be led aganis thame, becaus 
thai ar nocht fummond to this dyett. My lord Aduocat anfueris, that thai war 
fummond for thir fame crymes of befoir, and being prefentit and enterand, wer 
wairdit, 1 fum of thame in the Caftell of Edinburgh, and vtheris in the Tolbuith 
of Edinburgh ; and being accufet for Treafone, may be brocht furth of thair 
wairdis, and put to ane Aflyfe. And for verification of the premifles, producet 
the Letteris of Horning, quhair thay being fummond, paft to the home, for 
nocht finding of cautioun to compeir and vnderly the law. 

The pannell defyres xxiiij houris to be advyfet with the Dittay, becaus the 
matter, fubftance, perfones, and fubiect of the firft Dittay is alterit. The Aduo 
cat in the contrair, becaus the Dittay and the firft Letteris agreis in fubftance, 
tuiching the Murthour of Sir Thomas Kennydie and Willyame Dalrumpill. 
The pannell anfueris, thay differ in circumftances. 

The Aduocat thairefter produceit the firft Summondis, and defyret the famin 
to be red ; and the Juftice to advyfe, quhidder thai differ fra the Dittay, in fub 
ftance, or nocht. THE JUSTICE Ordanis proces, without delay. 

The Lairdis of Auchindrane, elder and younger, afldt inftrumentis, that James 
Bannatyne is accufet and pannellit with thame, in this proces. My Lord Aduo 
cat declairis, that he infiftis vpon the Summondis, as it is treffonabill. 

It is allegit, that this Act of Parliament, quhairvpone the Summondis is 
foundit, was nevir in viridi obferuantia, in this Judgement, quhill this perfute. 2 

1 Imprisoned, kept in ward. 2 That the act in question was never observed in the practice of 

this Court ; and that this is the first instance of its having been founded on. 



44&9JAC. VI. CRIMINAL TRIALS. 133 

It is anfuerit, that this Act of Parliament hes tane effect aganis Thomas Ken- 
nydie of Drummorchie. 

It is allegeit, that the affumption of the firft pairt of the Dittay, aggreis nocht 
(with the) woirdis of the Act of Parliament, in thir woirdis, ' vnder power, truft, 
credeit, and affureance ;' becaus the Laird of Auchindrane had na power over 
the Tutour of Caffilis : And as to the woird of * affurance,' it is repoirtit in the 
Summondis, that the feid was taikin away, and thairfoir, na aflureance. To the 
quhilk it was anfuerit, be the Aduocat, that the allegeances aucht to he Repellit, 
in refpect of the Dittay. For, it is fufficientlie knawin, that foure perfones may 
haif ' power' over ane ; and the pannell, haifing gevin aduerteifment and direc- 
tioun to fax to ftay the Tutour, thair was mair nor fufficient power : And as to 
the reft of the allegeance, ' credeit, truft, and affurance,' the Dittay ftandis rele 
vant, feing thair was na feid ftanding, and thairfoir, behovet to be ilane under 
truft. 

It is allegit, that the Dittay can nocht be relevant, vnles the famyn beir that 
the pannell was actuall committer of the cry me ; becaus the Act of Parliament 
beiris, quhair the fact is committit and done be ane man, haifing power and au- 
thoritie of the perfone flane ; bot fa it is, that the pannell was nocht prefent at 
the committing of the fact ; and fa the perfone flane was nocht vnder his power. 
It is anfuerit, that the Dittay ftandis relevant, in refpect that the Pannell was 
airt and pairt of the fact ; and thairfoir the allegeance aucht to be repellit, in 
relpect of the Dittay. 

THE JUSTICE ffindis the Dittay relevant, and Ordanis the famyn to be put to 
the knawledge of ane Affyfe, except the pannell fay forder. 

It is forder allegeit, that the naikit affertioun of power, authoritie, and affu 
rance, except the pannell had bene prefent at the committing of the fact, is nocht 
relevant. Item, thair can na proces be led vpone this Dittay, feing the famyn 
is foundit vpoun ane writ quhilk is nocht producet. Anfueris, aucht to be re 
pellit, in refpect of the Dittay. It is allegit, that the Dittay is nocht relevant to 
infer Treafoun, becaus it is never fubfumeit in the Dittay, that the Laird of 
Cullane was vnder the power of Auchindrane. Anfueris, vtjupra, that the famyn 
aucht to be repellit, in refpect of the Dittay. It is allegit, that the wryting of 
ane Letter be Auchindrane to Thomas Kennydie is nocht relevant to infer, that 
the pannell was airt and pairt of Cullanes flauchter. Anfueris, aucht to be re 
pellit, in refpect of the Dittay. It is allegeit, that thair is na thing qualifeit in 
the Dittay, that the cryme was committit be the pannellis caufing, counfall, or 
command ; becaus counfell can nocht infer airt or pairt. Anfueris, aucht to be 
repellit, in refpect of the Dittay. 

THE JUSTICE Repellis the haill former allegeances ; and ffindis proces. 



134 , CRIMINAL TRIALS. A.D. 1611. 

It is allegeit, gif the principal flayeris fallis nocht vnder the danger of the 
Act of Parliament, the perfones nocht prefent, and yit accufet of airt and pairt, 
can nocht fall vnder the danger of the faid Act : Bot fa it is, that the Tutour of 
Caffillis was nocht vnder the power or aflureance of Thomas Kennydie of Druin- 
rnurchie, principall (layer ; and na aflureance betuix thaine, bot feid Handing 
betuix thame. It is anfuerit, that thair was na feid (landing betuix Drummvr- 
chie and the Tutour of Caffillis ; and thairfoir the faid allegeance aucht to be 
repellit, in refpect of the Dittay, as it is fett doun. 

THE JUSTICE Repellis the allegeance, in refpect of the Dittay. 

Forder, allegis that the principall actouris is nocht difcuffit. Anfuerit, aucht 
to be repellit, in refpect of the Dittay beiring airt and pairt ; and that the prin 
cipall committeris ar fugitiue, and thairby hes tane the cryme vpone thame. 

It is allegit, concerning the Slauchter of Dalrumpill, that the auld Laird re- 
peitis the haill allegeances maid aganis the Act of Parliament, vnder treft, cre- 
deit, power, aflureance, &c. And for Young Auchindrane, fayis, that Dalrum- 
pill was nawayis vnder his power, credeit or aflureance ; becaus it is nocht qua- 
lifeit, that he was vnder the young Lairdis power ; and thairfoir, can nocht in 
fer Treafone aganis him. The Aduocat anfueris, aucht to be repellit, in refpect 
of the Dittay. 

THE JUSTICE, be Interloquutour, Suftenis the Dittay, as it is confauet, alfweill 
aganis the young Laird as his father. Quhairvpoun the Aduocat afkit inftru- 
mentis.' 

ASSISA. 
SirJamesScrymgeour of Dud ope, Duncane Baync of Tulliche, Williame Sinclair of Blaufe, 

kny 1 , elder, ConftableofDundie, Dauid Weir of Auchtiefardill, George Seatone of North-Rig, 
Sir George Elphingftoun of Patrik Stewart of Baithe, Johnne Corbett of Arboill, 

Blithifwod, knyS Vthreid M c Dowell of Mondork, Patrik Carkettill of Markill, 

James Scrymgeour, younger of Robert Merfer of Salene, Johnne Kneilland of Fofkane, 

Dudope, Mathow Brifbane of Raflene, Sir Dauid Woid of Craig, knycht. 

My lord Aduocat tuik inftrumentis of the fweiring of the Aflyfe. My lord 
Aduocat afldt inftrumentis of the fweiring of the Dittay, be Beflie Dalrumpill, 
moder to vmq le Williame Dalrumpill, in that article thairof, concerning the Mur- 
thouring her fone. 

THAIREFTIR, my lord Aduocat, (for verificatioun of THE DITTAY to the per 
fones of Aflyfe, repeitit to thame the notorietie of the fforfaltour in Parliament 
of Thomas Kennydie of Drummvrchie, for the treflbnabill Murthour of the 
Laird of Cu^eane ; repeitit the Hoirning vfet aganis the faid Thomas, Clon- 
caird, Thomas M c Alexander, and remanent thair complices ; and the citatioun 
of the Laird of Auchindrane elder, for the faid crymes, in anno 1602 ; producis 
the Hoirning vfet be the Laird of Culseane aganis Auchindrane, (Tor the intendit 



44 & 9 JAC. VI. CRIMINAL TRIALS. 135 

Murthour of the faid Laird of Cu^eane, in anno 1597 ; and repeittis the Laird 
of Auchindranes Confelfioun thairof, in Judgment. And for verificatioun of the 
faid Laird of Auchindrane elder his giltines of the Laird of Cu^eanis Mur 
thour, and of the giltines of his fone and James Bannatyne, of the Murthour of 
William Dalrumpill, producet the Hoirning execute aganis thame for the faid 
cryme, in ffebruar 1608 ; quhairby, thay ganging to the home, and fleing frome 
the Law, thay haif tane vpoune thame the giltines of the faidis crymes. 

To prove that Auchindrane elder rcjfauit the Letter fent to him be Mr Robert 
Mure, contening aduerteifment of Culleanis dyet, and broght to him be Williame 
Dalrumple, Walter Mure of Cloncaird being prefent, producet the Depolition of 
James Mure of Fleit, markit with the Letter O. pagina tertia ; the Deposition 
of James Gordoun, O. p. 5 ; the Young Laird of Auchindranes awin Declara- 
tioun, O. p. 6. And that M c Adame carreit aduerteifment from Auchindrane to 
Thomas of Barganie thairof, produceit James Gordones Depolition, markit with 
the faid Letter O. p. 10. 

For Auchindranes knowlege of Cullanes Murthour ', vfes the Depofitioun of 
the Laird of Cauldwell, markit with the Letter G. p. 1, beirand, that Auchin 
drane fchew to them, that he knew of Cullanes Murthour, befoir it wes done, 
and wald nocht ftay it. And vfes lykwayis the Depolition of James Mure younger 
of Auchindrane, his fone, O. p. 6, beirand, that he knew that his father was 
hevelie fufpectit of the Slauchter of the Tutour of Caffillis. 

To verifie Auchindrane's helping of Williame Dalrumple in his hous of Auch 
indrane, in the chalmer in the turnepyk-heid, and in the barne of Auchindrane, 
fchortlie eftir the Slauchter of the Laird of Cullane ; vfes the Depofitioun of 
Young Auchindrane, E. p. 6, and D. p. 5 ; the Depofitioun of Johnne Mure of 
Woidland, L. p. 6 ; the Depofitioun of Johnne Mure, callit Blak-byres, O. p. 1 ; 
and of James Gordoun, O. p. 5 et 10. 

To verifie AudiinAranesJending of Dalrumple to Arrane, quhilk Auchindrane 
denyes ; vfes the Depofitioun of Patrik Dalrumple, H. p. 5 ; of Johnne Mure, in 
Blak-byres, O. p. 1 ; of James Mure of Fleit, O. p. 4. ; off James Gordoun, O. p. 
5 et p. 10. 

To verifie Dalrumpittis fending to Flanderis, be Auchindrane, quhilk Auchin 
drane denyis ; vfes the Depofitioun of Walter Mure in Glenheid, A. p. 2 ; off 
Johnne Mure, in Blakbyres, O. p. 1 ; of James Mure of Fleit, O. p. 2 et 3 ; of 
James Gordoun, O. p. 5. And that the Lady Auchindrane caujit Williame Dal 
rumple change his name, and call him felf Williame Mure ; vfes the Depofitioun 
of James Mure of Fleit, O. p. 9 ; and of James Gordoun, O. p. 10. 

To preve Williame Dalrumpellis being in Walter Mure of Glenheidis hous, 
efter his returning frome Flanderis, to wit, vpone the Thurifday befoir his Mur- 



136 CRIMINAL TRIALS. A.D. 1611. 

thour, quhilk Auchindrane denyis ; vfes the Depofitioun of James Dalrumpill, 
G. p. 1 et 2 ; and of Walter Mure, in Glenheid, A. p. 2. 

To preve the bringing of Williame Dalrumple from GlenJieid, be James Cun- 
ninghame, at directioun of the Laird of Auchindrane, quhilk he denyis ; vfes the 
Depofitioun of Walter Mure, in Glenheid, A. p. 2 ; and of James Gordoun, O. p. 5. 

To preve the Lairdis of Auchindrane, elder and younger, thair meitting with 
IVilliame Dalrumple, in the way betuix Auchindrane and Chapel-Donane, and 
keiping cumpanie and conference with him the fpace of fevin or aucht myles, 
quhill thay thre and James Cunynghame come to Chapel-Donane, quhilk Auch 
indrane preffis to deny ; vfes Auld Auchindranes Depofitoun, E. p. 2 ; and Young 
Auchindranes Depofitioun, E. p. 7 ; the Depofitioun of Andro M c Allexander, 
B. ; Johnne Mure of Woidland, C. ; Patrik Bannatynes Depofitioun, D. p. 1 ; 
Young Auchindranes Confefiioun, D. p. 5 ; James Dalrumples Depofitioun, G. 
p. 1 et 2 ; Williame Roife, L. p. 5 ; Johnne Mure in Carvell, L. p. 1 ; James 
Bannatyne, M. p. 1. 

To verifie the bringing of Williame Dalrumple, be James Bannatyne, to the 
SANDIS OF GIRVEN, to the Lairdis of Auchindrane, elder and younger, and MUR- 
THERING HIM VNDER nycht, in that place ; making ane hole for his burrall, 
and cafting of him in the fea ; vfes the Depofitioun of Johnne Mure of Woidland, 
C. ; Patrik Bannatynes, D. p. 1. ; James Dalrumpillis, G. p. 1 et 2 ; Dauid 
Merferis Depofitioun, L. p. 4 ; Williame Roife, L. p. 5 ; Johne Mure in Cairve, 
L. p. 7 ; James Bannatyne, M. p. 1 et 2 ; Johne Mure in Blak-byres, O. p. 2 et 
11 ; James Gordoun, O. p. 5 ; James Pennycuiks Depofitioun, maid 27 of Maij ; 
the Young Laird of Auchindranes Depofitioun, F. p. 2, beirand, that he hard be 
the bruit of the cuntrie, that his father knew of Dalrumples Murthour, becaus 
he was fugitiue. 

To verifie that Auchindranes denyall that he knew Williame Dalrumple, or 
that he brocht him M r Robert Mures Lettir, is vntrew ; and that he knew him, 
and reflauit the faid Letter from him ; vfes the Depofitioun of James Dalrumple, 
G. p. 1 et 2 ; James Mure of Fleit, O. p. 3 ; James Gordoun, O. p. 5 ; the De 
pofitioun of James Mure, younger of Auchindrane, D. p. 5. 

To verifie James Mure, younger of Auchindrane, his knawlege of IVilliame 
Dalrumpill, and of his keiping quyet in Auchindrane ; and of his being at hame, 
immediatlie befoir his Murthour ; and his father and the deponneris meiting and 
conference with him in the way betuix Auchindrane and Chapel-Donane, the 
day befoir his Murthour, and thair cuming altogidder to Chapel-Donane that 
nycht ; produceit the Depofitioun of the faid James Mure, younger of Auchin 
drane, D. p. 5. Item, the Depofitioun of the faid Laird of Auchindrane young 
er, D. p. 7. 



44&9JAC. VI. CRIMINAL TRIALS. 137 

To verifie the dilligence, craft, and fubtilitie vfet be the Lairdis of Auchin- 
drane, to fuppres and efchew the tryell of Williame Dalrumpillis Murthour, and 
of thair awin giltines thairof ; ffirft, my Lord Aduocat vfes the verificatioun of 
thair intentioun to Murthour Hew Kennydie of Garriehorne, onlie devyfet and 
attemptit be thame, to cullour thair going to the home, and to efchew the hay- 
noufnes of thair fleing fra the law and tryell of thair giltines, of fie ane horrible 
and abhominable Murthour as Dalrumpillis ; the Depofitioun of James Dai- 
rumple, K. p. 1 et 2 ; and the Depofitioun of James Bannatyne. 

Defyres lykwayis the Affyfe to haif confideratioun of thair continuall refoirt 
and friendfchip with James Bannatyne, eftir the faid Murthour; and thair being 
at the home for the famyn ; thair fuffering the reproches and iniuries, be woird 
and deid, offerit be him to thame, quhilk thay wald nevir haif induret, gif thai 
had nocht bene affrayit, that, thai difcoirding with him, he fould haif difcoverit 
thair giltines of the faid Murthour ; vfes the Depofitioun of Patrik Bannatyne, 
D. p. 3 ; the Depofitioun of Auld Auchindrane, M. p. 3 ; and of James Mure of 
Fleit, O. p. 3. 

The geving be the young Laird of Auchindrane to James Bannatyne, ane 
Lyfrent Tak of his rowme of Chapel-Donane, all writtin with Young Auchin- 
dranes awin hand, contening fourtie penneis be yeir of deutie, denyit and men- 
fuorne be Young Auchindrane ; and thairefter confeffit, quhan the Tak was re- 
coverit and producet, E. p. 8. 

The deilling of Young Auchindrane, be him felff and his freindis, with James 
Bannatyne to go to Ireland, and furnefling of him, to that effect, ane boit, meit 
and drink, quhilk Young Auchindrane denyit ; vfes for verificatioun thairof, the 
Depofitioun of Allane Pyper, L. p. 3 ; Dauid Marfchellis Depofitioun, N. p. 1, 
et O. p. 4 et 8 ; Dauid Mure, in Girven, his Depofitioun, O. p. 4 ; and James 
Bannatynes, O. p. 8. 

That Young Auchindrane wrait ane Letter with the faid James Bannatyne, 
and in his fauour, to Thomas Kennydie of Drummurchie, the Kingis forfalt 
Tratour ; vfes for verificatioun thairof, the Confeffioun of the faid Young Laird 
of Auchindrain, O. p. 7 ; and the Depofitioun of Williame Kennydie of Garfar, 
O. p. 8. 

To preve that the fermes (rents) of Chapel-Donane, was continuallie payit to 
James Bannatyne, fen his banifhment ; vfes the Depofitioun of James Roife, ten- 
nent thair, L. p. 5. 

To preve the furneifing of pleniffing, money and neceflaris be the Auld Lady 
Auchindrane to James Bannatyne, continuallie, fince his going to Ireland ; vfes 
the Depofitioun of Williame Pyper, L. p. 1 ; Dauid Marfchell, L. p. 4 ; Williame 
Roife, L. p. 5 ; James Roife, L. p. 5 ; James Gordoun, O. p. 10 ; and be Auchin- 
dranes awin Letter fent to James Bannatyne ; Moyfes Lokhartis Letter to James 

VOL. III. S 



138 CRIMINAL TRIALS. A.D. 1611. 

Bannatyne ; Young Auchindranes Letter fent to James Bannatyne ; the Lady 
Auchiudranes thre Letteris to James Bannatyne ; and hir Letter to James 
Bannatynes wyfe. 

The perfewar defyres the AfTyfe to half confideratioun, as of ane verrie mate- 
riall circumftance, that James Cuninghame, being the man imployit be Auchin- 
drane to keip Williame Dalrumple quyet in the place of Auchindrane, and to 
convoy him fra Glenheid to Chapel -Donane, the nycht befoir his Murthour, 
quhairby he, being for the tyme, his actuall fervand, and in his hous of Ballach- 
toule the nycht of Dalrumpillis Murthour, and thairby mair abill to haif dif- 
coverit the circumftances of the Murthour nor (than) ony vther ; the Laird of 
Auchindrane hes abfentit him, for efchewing of the faid tryell : And how the faid 
James Cuninghame, being in the Laird of Caldwallis hous, and the Erie of Aber- 
corne geting knawledge thairof, haifing, as ane Counfalour, commandit Caldwall 
(Mure) to exhibeit Cunninghame befoir the Counfell ; he, contrair to his promeis, 
fufferit him to efcaip : He being challangeit for it befoir the Counfell, grantit the 
promeis, and declairit that Cunninghame was fent to his hous be the Lady Auch 
indrane ; and that, contrair to his promeis, he fufferit him to efcaip ; ffeiring, gif 
he had enterit him befoir the Counfell, he fould haif done harme to his freind. 
For the quhilk, he become in the Counfellis will ; as his Depoiitioun beiris, H.p. 1. 

As lykwayis, how Auchindrane elder directit the faid James Cunninghame, 
by the w#y to the Laird of Vaynes hous, in Angus, caufing him change his name, 
and to call him felf Williame Broun, and geving him that name, quhan he re- 
commendit him to the Laird of Vayne, albeit the man was the faid James 
Cuninghame ; Quhilk Auchindrane denyis ; bot the contrair is provin be James 
Gordoun, O. p. 5 et 10 ; be the Laird of Vayne, O. p. 11 ; Andro Lokhart, O. 
p. 12, and George Blakis Depofitioun, maid at Lundoun, 28 Maij. 

Forder, it is defyrit that the Affyis will confider the grit fubftance contenit in 
the Letter writtin be Auchindrane to his fone, with his awin hand, impudentlie 
denyit be him'; and nevertheles cleirlie verifeit be the Depolitionis of Dauid Drum- 
mond, feruitour in the Caftell, E. p. 15 ; and be Thomas Home, Conftable, ibid.; 
and be the Declaratioun maid be my Lord of Mar, in Counfell ; quhilk the Lordis 
of Secreit Counfell, prefent in this Judgment, hes verifeit. 

Thay haif to confidder the Lady Auchindranes adverteiffing of James Banna 
tyne, be Letters, of all the Dyettis of proces led betuix the Laird of Auchindrane 
and her fone ; and hir recommending of him to Thomas Kennydie of Drum- 
murchie, hir brother ; provin be Williame Pyper, L. p. 1 ; James Gordoun, O. 
p. 10 ; and be hir awin Miffaue Letter to James Bannatyne. 

The Lady Auchindranes abfenting hir felff, and nocht compeirance befoir the 
Counfall, quhan fcho wes charget thairto, vnder the pane of Hoirning, to com- 
peir and Depone hir knawledge of the crymes quhairof hir hufband and fone ar 



44&9JAC. VI. CRIMINAL TRIALS. 139 

accufed ; Thomas Mure, fone to Auchindrane, and Andro Sinclair, half brother 
to Auchindrane, thair going to the home, for nocht compeirance to depone in 
the faidis crymes, quhilk of neceffitie man be prefumeit to proceid of the flay 
maid to thame be Auchindrane, elder and younger, for feir that thair Depofi- 
tiones fould difcouer the giltines of the faidis Lairdis. The lyk man be pre- 
fumet of Thomas Wallace, Johne Mcaig, and dyuerfe vtheris of the Lairdis fer- 
vandis, going to the home, for the lyk caufe. 

Thay haif alfo to confidder verrie cairfullie, the Laird of Auchindranes hyre- 
ing James Pennycuik to go to Ireland to Murthour James Bannatyne ; denyit 
be Auchindrane, and verifeit be the Depofitioun of the faid James Pennycuik, and 
George Small his fervand. And the lyk directioun lent be Auld Auchindrane 
with George Blak to Ireland, to Williame Carmichell younger of Rowntrie- 
croce ; verifeit be the Depofitiones of George Small, O. p. 11, and be the Exa- 
minationes of the faid James Pennycuik and George Blak, in Lundoun, in May 
laft. 1 

Laft, thay haif to confidder the Letter fent be Auld Auchindrane to the Laird 
of Stair, 2 and the forme of Band fend thairwith, to haif bene obtenit, fubfcryuit 
be the Laird of Stair, and his freindis, of the name of Dalrumple. 

IN refpect of the quhilkis premifles, verifeing the crymes lybellit, and haill 
materiall circumftances thairof, with fo cleir euidences and manifeft probatioun, 
as na man could haif expected, in fo covered and craftie Murthouris ; quhairby 
all dout of obfcuritie and fcruple is cleirlie removet ; in caice the faid Aflyfe or 
ony pairt of thame fall happin fo vnhappelie to forget thame felffis, as to clange 3 
the faidis Lairdis of Auchindrane, elder and younger, or the faid James Banna 
tyne, quha hes Confeffit his awin giltines, in Judgement ; my lord Aduocat pro- 
teftis for Wilfull and manifeft Errour ; and for all payne that of the Law can 
follow thairupoune. 

IT is ANSTJERIT be the pannell to the perticuleris aboue writtin,that the famyn, 
nather in haill nor in pairt, aucht to be refpectit ; and fpeciallie, in fa far as the 
famyn is foundit vpone Depofitioun of Witnefles ; becaufe, it is fpeciallie provydit 
be the Act of Parliament, maid in the yeir of God I m .V c . fourfcoir fevin, 4 cap. 90, 
that in all caufles Criminall, the haill proces and probatioun, and vther inftruc- 
tiones quhatfoeuir, ather be Writ or Witneffis, fall be alleget, reffonet and deducet 
in prelens of pairtie accufit, in face of judgment, and na vther wayes ; quhilk is 
accoirding to the Cowmoun Law ; feing na witneffes can be reffauit contra non 

1 It may be stated here, once for all, that unluckily the DEPOSITIONS, LETTERS, and other pro 
ductions, which are here so regularly quoted by their proper numbers and pages, are lost ; at least, if 
among the Records of the Justiciary Court, are in a room filled with loose and unarranged papers, tied 
up in bundles in such a manner, as to render any ordinary search entirely hopeless as it would occupy 
many months' constant investigation. 2 John Dalrymple, chief of that name. 3 Cleanse ; find 
innocent, acquit. 4 Anno 1587. 



140 CRIMINAL TRIALS. A.D. 1611. 

citatum ; to the effect that the pairtie may be hard to oppone aganis thame. 
And trew it is, that all thir Depofitiones and writtis, vfet be my Lord Aduocat, 
and fpeciallie the faidis Depofitiones of WitnefTes, hes bene reffauit out of prefens 
of pairtie ; the pairtie nevir being fummonit to obiect aganis thame, done ex- 
traiudiciall, and nocht in Judgement : And thairfoir, quhatfoeuir the Lordis of 
Counfall, per medium inquifitionis, hes done of befoir, out of prefens of pairtie, 
aucht nawyis now to be refpectit be the Aflyfe ; accoirding to the decifioun of 
the Act of Parliament : ffor, as in Ciuile caufTes, na fayth will be gevin to ony 
Witnefles out of prefens of partie, mullo minus in Criminalibus. 

And now, anfuering perticulerlie, ffirft, as to the Forfaltour of Thomas (Ken 
nedy) of Barganie, (Drummurchie,) thair is na thing producet. Nixt, he wes nocht 
forfalt for the factis lybellit, bot only for the burning of the houfe of Auchinfoule. 
Tertio, it tuiches nocht our caufe. As to the Hoirningis, the pannell vfes fyve 
leuerall Relaxatiounes of Auchindrane, elder and younger, refpectiue ; quhilk 
thay producet. And albeit the Lairdis of Auchindrane, elder and younger, war 
put to the home, for thair nocht compeirance, the firft dyet, yet that importis 
na taking of the cryme upone thame ; becaus, thay being giltie for vther crymes, 
and ipeciallie, fchuiting of piftolettis, ffor the quhilk thing mycht haif bene 
pwneift be the lawis, thay durft nocht compeir, quhill firft thay had obtenit ane 
Remifiioun of the faidis crymes, quhilk thay mycht lauchfullie do ; becaus, tbay 
knew certanlie, that thair going to the home wald be purget be thair coinpeir- 
ance and offer to Tryell. As lykwayis, Young Auchindrane compeirit at the 
firft Dyet ; and alfo Auchindrane elder wald haif enterit willinglie, and to that 
effect offerit to compere 1 and tak his Remiflioun for the piftolettis, but culd 
nocht obtene the famyn ; as is notour to my Lord Chancellar and Thefaurer. 2 
As to the repetitioun of the Depofitioun of James Mure of Fleit, and James 
Gordoun, it is anfuerit, utjupra. And forder, in caice the pairtie had bene 
wairnit, as he was nocht, he wald haif repellit the faid James Muir, he being ane 
vagabund, without ony refidence, nocht worth the Kingis vnlaw ; 3 and richt fua, 
that he was denunceit rebell and put to the home, for fteilling of tua horfe and 
thre oxin fra the Tutour of Nuntoun ; and alfo, for fteilling of ane quhyte naig 
out of the landis of Skeltoun. Lyk as, the Tutour of Bombie, to move him to 
be ennemie to Auchindrane elder and younger, and to depone aganis thame, he 
aggreit 4 the Tutour of Nuntoun and the faid James Mure, anent the fteilling of 
the faid guidis. And forder, the Laird of Blairquhand hes promeift him geir 
and guid deid, to depone aganis thame ; 5 and (Mure) hes now becum his fervand. 

1 Compromise ; make a composition, or purchase his Remission from the Crown. - Both of 

whom, it will be remembered, were then sitting as Assessors. 3 Not being worth, t. c. unable to 

pay the fine or amerciament to the king, for his own appearance, &c. '' Reconciled them, 

and made up their quarrel. fi For the reason of Blairquhan's feud with Auchindrayne, see 

Hist, of the Kennedy is, p. 19, &c. 



44&9JAC. VI. CRIMINAL TRIALS. 141 

And as to Gordoun, can nawayis be refpectit, becaus he was nocht audit seiris, 1 
the tyme of the committing of the factis quhairvpone he was examinat. Lyk 
as, the pannell defyres that Gordoun may be prefentit in prefens of the Aflyfe, 
and confrontit with the pannell. Forder, it is allegit be the pannell, that the 
Depofitiones for (of?) the faid James Mure and James Gordoun, and all vtheris of 
the lyk nature, aucht nawayis be refpectit ; becaus, it is of veritie, that the lybell 
and Dittay confifts of tua pairtis ; the ane fubftantiall, to infer the pwneifchment 
lybellit, viz. the committing of the factis lybellit ; and the advyfe, confent, per- 
luafioun, inftigatioun, caufing, command, counfall, and ratihabitioun, quhilkis ar 
the only fubftantiall poyntis contenit in the lybell and Dittay : And the reft of 
the poyntis of the faid Dittay are only prefumptiones, coniecturis, and liklienes. 2 
And feing, the fpeciall caufe quhy the Juftice Suftenit the lybell, was the ad 
vyfe, prefumptioun, inftigatioun, counfell, command, affiftance, and ratihabitioun 
gevin, be the Auld Laird of Auchindrane, to the faidis Thomas Kennydie, 
for Murthouring of the faid Laird of Culzean ; and that thair is na thing 
of the faid fubftantiall poyntis provin be nane of the Depoiitiones ; quhat- 
foeuer Depoiitiones is maid be the faidis tua perfones, or ony vther remanent 
Witneffes, in materis of the lyk nature, anent ony probabilities or prefump 
tiones, albeit thai war maift violent prefumptiones, and indoutit, thay can 
produce na fentence condampnatour 3 in Criminall cauffis, bot only ar admini 
cles to the tortour and queftioune. And forder, the Depofitiones of the faidis 
tua perfones, being only anent the refiait of ane Letter, nocht contening the con 
tends and qualitie thairof, can nawayis induce ony prefumptioun, far lefs pro- 
batioun. Item, it is to be rememberit, that thir Depofitiones tuiches nocht 
Young Auchindrane. Item, tuiching that pairt of Young Auchindrane, and 
Caldwallis Depofitioun, thay prove nathing, nather of the fact, nor yit of the 
knawlege. As alfo Young Auchindranes Depofitiones previs far les ; becaus he 
mycht haif lauchfullie deponit that his father was fufpect befoir he was pannellit. 
And forder, as to the Depofitiones of Young Auchindrane, and Johnne Mure 
of Woidland, thay can work nathing, feiug thai preve na pairt of the Dittay, or 
factis thairin contenit ; ffor as to Young Auchindranes Depofitiones, anent his 
knawlege of Dalrumple to haif bene in his fatheris hous, that previs na pairt of 
the Dittay. And, quhair it might appeir, be the faid Depofitioun, and vtheris 
Depofitiones conforme thairto, that the faid Laird of Auchindrane is improvin, 
as quha deponit that he never knew the faid Dalrumpill, it is anfuerit, that the 
fame can impoirt na probation of ony pairt of the Dittay ; becaus, gifand 4 and 

1 Eight years old. 2 Probabilities, likelihoods. 3 Condemnatory. * Giving or 

allowing for the sake of argument, but not granting ; a common form of expression used in ancient 
legal proceedings, when Counsel was illustrating a point by arguments, &c. 



CRIMINAL TRIALS. A.D. 1611. 

nocht grantand that the pairtie pannellit had maid ane leifing, 1 or vareit and 
bene inconftant, and fa waverit in his Depofitioun, the fame can impoirt na pro- 
hatioun ; fpeciallie, quhair the faid vntreuth, &c. is nocht in the fubftantiall 
pairtis of the Dittay, hot in vther accidentis and externall circumftances. And 
as to Johnne Mure of Woidlandis Depofitiones, it can nawayis be refpectit, for 
thir particular cauflis : ffirft, he is tennent removeable 2 to the Erie of Caffilis, and 
his houlhold fervand ; nixt, he is Chalmerlane and factour to ane grit pairt of 
his lordfchipis landis ; bot in fpeciall, is Bailzie of the Barronie of Dalrumple. 
Secundlie, he was vpone the ground, in companie with the Erie of Caffillis, at 
the flauchter of Barganie, at quhilk time Auchindrane was deidlie hurt. Thrid- 
lie, he was alfo in companie with the Erie of Caffillis, at the perfute of Auchin 
drane, in his awin hous. Fourtlle, he was in companie with Hew (Kennedy) 
of Garriehorne, and his convoy throw the landis of Auchindrane, quhair he come 
in bragging maner, and focht Auchindrane at his awin hous. Fyftlie, befoir he 
was examinat befoir the Counfell, the Erie of Caffillis caufit him fett doun fie 
woirdis as his lordfchip thocht expedient, and to be fubfcryuit with his hand ; 
quhilk he nawayis durft alter, befoir the Counfell ; etjic prodiit teftimonium. The 
quhilk writ was producet to him in Counfell, befoir he wald depone ; quhairby 
he micht keip my lordis injunctiones. 

ITEM, as to the Depofitioun of Johnne Mure of Blakbyres, it previs na pairt 
of the Dittay, becaus he deponis nathing of knawledge that he lies of Auchin 
drane, bo't a repoirt that he had of vther fervandis. And forder, the faid Johnne 
could nevir haif bene witnes fra the beginning, ffor thir cauffis : Becaus, he flew 
the Laird of Auchindranes feruand callit Williame Geddies, for the quhilk he 
was baneifchet the countrie ; nixt, he come in vpone fair promeiffis and condi- 
tiones maid to him be the Erie of Caffillis, to purches to him ane Remiffioun for 
that Slauchter, arid for the quhilk caus, he promeifit to the laid Erie to depone 
quhat he defyret : And laft, the faid Johnne Mure hes intrufet 3 him felf in ane 
grit pairt of Auchindranes lands, and thereby 4 thinkis to bruik 5 the famyn. 

As to Patrik Dalrumples Depofitiones, na fayth can be gevin thairto, becaus 
he is uncle to the murtherit man. 

It is anfuerit, to the Depofitioun of Walter Mure, and to the reft of the De 
pofitiones befoir the allegit Prefbiterie, that the faidis Depofitiones can mak na 
faith ; becaus thai ar extra-judiciall, na proces depending aganis ony pairtie, na 
pairtie haifing intres being callit, bot only ane naikit conventioun of tua or thre 
Minifteris, nocht Preflbiteriallie convenit, quha had na power to tak fie Depofi 
tiones : And as the faidis Depofitiones, gif thai had bene tane to the faidis Mi- 

1 An untruth or falsehood ; leasing. 2 Tenant at will. 3 Intruded ; thrust himself into. 

4 By perjury, or giving false evidence, &c. 5 Enjoy ; possess as his property. 



44&9JAC. VI. CRIMINAL TRIALS. 343 

nifteris in ane Ciuile caus, wald half maid na faith, far les in ane Criminale. 
Secundlie, the faid Walteris Depofitioun previs na pairt of the Dittay : And 
albeit the Depofitiones war trew and valid, yit thay ar ineffectuall ; becaus, albeit 
it war grantit that Dalrumple was fend to Flanderis, that impoirtis nocht the 
probatioun of ony Dittay. 

ITEM, it is anfuerit to James Dalrumples Depofitioun, that the fame can na- 
wayis work aganis thir perfones pannellit : Becaus, in the firft pairt of the faid 
Depofitioun, he deponis nothing aganis thame : And as for the laft pairt, beir- 
ing ane plott to mak ane onfett vpone Garriehorne, the famyn can nawayis work 
aganis the perfones pannellit ; nather can his Depofitioun be regairdit, in refpect 
he deponis his awin turpitude, viz. the forgeing and contryveing of the flauch- 
ter of Garriehorne devyfit be him felf, as is confeffit-; and quhilk devyfe of his, 
he counfellit the perfones pannellit to put in executioun ; and fua, he being de- 
vyfer and contryver of the fact, he can nevir be hard to depone in preiudice of 
the perfones pannellit. And to purge the onfet maid vpone Garriehorne be 
Young Auchindrane, the verritie is, that the caus of that onfet was accidentlie, 
they meitting togidder at the end of the Toun of Air, and Young Auchindrane 
meiting him in the way, had juft caus to mak the onfet vpone him : ffirft, becaus 
he had tane his fatheris bluid, and nixt, he was at the Slauchter of his mother- 
brother. 1 And forder, the faid James Dalrumpillis Depofitioun can nawayis be 
refpectit, becaus he is ferdis of kyn 2 to Williame Dalrumpill, quha is flane, and 
is fecund and thridis to the Laird of Cu^eane. And forder, befoir he was pre- 
fent in Counfell to depone, he was movet to depone the famyn, vncitet, 3 be my 
Lord of Abercorne, quhairof he maid adverteifment thairefter to the Laird of 
Auchindrane and defyret him to fett him ; becaus he had put all that he had, be 
fubmiffioun, in Sir Claud Hammiltones handis. 

ITEM, as to the Depofitioun of M c Allexander, it preves na pairt of the Dit 
tay nor factis lybellit, bot rather purges the famyn ; and forder, can mak na faith, 
becaus it declairis, that the Lairdis of Auchindrane war content to cum and 
tuich the corps, 4 fua that 5 thay mycht do the famyn in Air, my lord of Caffillis 
nocht being thair. And to verifie the famyn, produces ane Instrument. 6 And 
forder, at that tyme Young Auchindrane Avas deidlie hurt; and fa could nocht 
cum. And forder, the faid Depofitioun can nawayis be refpectit, becaus it is 
extra-judiciall, and one in prefens of the partie adverfar, viz. the Erie of Caffillis. 

1 Uncle ; mother's brother. 2 Within the fourth degree of relationship. 3 Without having 

received lawful citation. 4 Alluding to the well-known popular test, or ordeal, of calling upon the ac 
cused or suspected person to come forward and touch the corpse of the murdered party ! The superstitious 
notion'then held was, that THE CORPSE WOULD BLEED, immediately on the approach or touch of the Mur 
derer ! Powerful use of this circumstance has been made by Dramatists and writers of Romance. See 
a variety of interesting notices in the APPENDIX to this Trial, with an enquiry into the origin and prac 
tice of our ancestors in such cases. 5 On condition ; provided that, &c. 6 A Notarial attestation. 



144 CRIMINAL TRIALS. A.D. 1611. 

ITEM, as toPatrik Bannatyne' s Depofitioun, it aught nawayis to be refpectit, 
for thir cauffis : Firft, becaus he is fecund and thridis of kyn with Cu^eane, 
quha is ane pairtie accufer ; as alfo to the Erie of Caffillis : Nixt, becaus he is 
brother to James Bannatyne, quha isjbcius criminis, and is callit and accufet for 
the famyn cryme : And //?, his Depofitioun can mak ua fayth, becaus the famyn 
proceidis onlie ex auditu, be relatioun of his brother James Bannatyne ; in the 
quhilk Depofitioun, he confefles the faid James Bannatyne to be thryfe contrair 1 
in his relatioun. And fua, his Depofitioun, depending vpone ane contrair rela 
tioun, maids na fayth. Aganis the haill Depofitiones depending vpone James 
Bannatynes relatioun, it is allegit, gif James Bannatynes fall, all his relationes 
man fall. 

And forder, as to Williame Roifes Depofitione, it is allegit, that the famyn 
can nocht be refpectit, becaus Williame Roifes wyfe and the Laird of Cu^eane 
ar thrydis and ferdis of kyn. As alfo, his wyfe is father-fifter to James Banna 
tyne, quha is accufet of the fame crymes. It is allegit aganis the Depofitioun of 
Johnne Mure in Carver, that the famyn can nawayis be refpectit : Becaus the 
famyn is only ane relatioun made be James Bannatyne : Secundo, becaus the 
lamyn is contrair to the Dittay ; in fa far as the Dittay beiris, that James Ban 
natyne, haifing brocht Dalrumple to the Sandis of Girven, left him behind him, 
and raid forwardis to the tua Lairdis of Auchindrane, quhair the Auld Laird 
conferring with him, the Young Laird paft to the faid Dalrumple ; and eftir ane 
fpace, Auld Auchindrane and Bannatyne cuming neir thame, he flew him : And 
in this Depofitioun it is confefiit, that James Bannatyne fould haif faid to the 
Deponer, that Young Auchindrane drew this Dalrumpill after him, and flew 
him ; quhairby it is euident, that James Bannatyne is contrair, infafar as the 
Depofitioun beiris, conforme to the Dittay. 

As to the Depofitioun of James Bannatyne, it aucht nawayis to be refpectit, 
for thir argumentis. Firft, becaus he hes tane the cryme vpone him, and for 
the famyn hes maid offeris baith to the Kirk and pairtie : Secundlie, he ftandis 
yit at the home vnrelaxit : As alfo, is vnder the cenfure of excommunicatioun ; 
and fo is nather Godis man nor the Kingis : Thridlie, he is fecund and thridis 
of kyn to the Laird of Cullane and the Erie of Caffillis : Ferdlie, he is cum in 
vpone promeis and conditioun of his lyfe, quhilk was fet doun to him be Jofias 
Stewart, bruther to my Lord Vchiltrie, James Stewart, and the Laird of Girven- 
maynes ; and his Band gevin to that effect, that he fall cum baith faif to Scot 
land and returne faif to Ireland. Eftir meiting and conference in Ireland, and 
quhat he had fett doun the conditiones, he come over to Buit to his coufing the 
Laird of Games, 2 to quhome he fchew the conditiones, and brocht Games brother, 

1 Contradictory. * From Ireland to the Island of Bute, to his cousin, . . . Bannatyne of Kames. 



44&9JAC. VI. CRIMINAL TRIALS. 145 

callit Rannald Bannatyne, with him to the Largis, quhair he mett with James 
Stewart, quha brocht him to Kilwinning ; and than Jofias and James Stewards 
mett with him befyde Irwing, to haif fett doun the conditiones perfytlie, for his 
fure returning to Ireland, quhilk fould haif bene put in Rannald Bannatynes 
handis ; hot, vpone fair promefiis, he was movet to leve Rannald behind him : 
And thairefter, he wes brocht to my Lord of Abercorne, with quhome he was 
tuentie dayis, or thairby: And thairefter, he was fend to Cliddifdaill, to the 
Laird of Corhous ;* and fua, be this progres, it is evident, quhat hes bene the 
indirect deilling of James Bannatyne, fra the beginning. Speciallie, quhan fo- 
euir ane pairtie is accufet for ane cryme, and is fugitiue for the fame, as in this 
caife, he can nevir be hard, be his Confeffioun and Depofitioun, to work ony 
preiudice to ony vther pairtie ; nather can his Depofitioun work, fa mekill as 
the tortour, to the parties, vnles he firft be fubiect to the tortour him felff ; as is 
obferuit in the Juftice Courtis of all Chriftiandome : Nather can his Depofitioun 
be regairdit aganis Young Auchindrane, becaus the famyn proceidis vpone ma 
lice aganis him ; infafar as he was informet that Young Auchindrane had offer- 
it to the Thefaurer, for cleiring of his awin innocencie, to fet cautioun, vnder the 
pane of Fourtie thowfeaiid pundis, to exhibeit the faid James Bannatyne befoir 
the Juftice : 2 And it is nocht to be prefumet, that ane man giltie of ane haynous 
cryme, being at his awin libertie, wald willinglie cum in to his awin deid, 3 bot 
vpone promeifles and conditionis. And forder, this argument is infallable ; na 
gritter fayth can be gevin in this matter to James Bannatyne, nor gif 4 Dalrumple, 
vpone his deid-bed, had maid his Declaratioun that he was ilane be Auchindrane, 
elder and younger : Bot trew it is, that na fayth wald haif bene gevin thairto, 
without vther probatioun. This was cleirlie decydit, quhan as Robert Ramfay, 
notter in Stirling, was execute to the death, confeffing that the Inftrument of 
Denunceatioun maid be him felf, quhairto he was notter aganis the Tennentis of 
Halbarnes and Auldliftoune, was fals, and paft conftantlie to the deid with it ; 
yit, quhan as the caus of Improbatioun was advyfet be the Lordis of Counfell, 5 
thay refpectit nather his firft, fecund, nor thrid Depofitioun, in preiudice of the 
producer, accoirding to the Cowmoun Law ; becaus the Confeflioun of ane ma- 
lefactour may weill preiudge him felf, bot na vther. 

It is Anfuerit to the remanent Depofitiones, depending vpone James Banna- 
tyne's relatioun aucht nocht to be refpectit, vtjupra. 

As to the Depofitiones of James Pennycuik, thay aucht to mak na fayth, be- 

1 Bannatyne of Corhous, in the county of Lanark. 2 They omit a material part of the offer, 

viz. to present him ' dead or alive !' It being their purpose to have him murdered in Ireland, by an* 
t/iority, and thus for ever to have suppressed evidence of their nefarious wickedness ! 3 Death. 

4 Than if Dalrymple upon his death-bed. \ 5 When the process of Reduction, for the purpose of 

annulling and setting aside the Instrument, was advised before the Civil Court. 

VOL. III. T 



146 CRIMINAL TRIALS. A.D. 1611. 

caus he is ane perfonage infamous and notoriouflie knawin to be infame ; he is 
demmcet rebell and put to the home at the inftance of Capitane Williame Rig, 
for fteilling of his cloick and his fuord, accumpaneit with fevin vtheris, betuix 
Leyth and Ed r , vnder clud of nyoht : And this Hoirning, {landing for ane ma- 
nifeft Ryote and Oppreflioun, is fufficient to mak him infame : And produceit 
the Hoirning for veryfeing thairof : Secundlie, the Depofitioun of James Pen- 
nycuik can nocht be regairdit, in refpect the famyn is improvin, in the fpeciall 
poynt thairof, befoir the Lordis of Secreit Counfell ; in fa far as he, haifing de- 
pom't the Obligatioun reftauit be him from Auchindrane for the fowme of Four- 
fcoir pund, to haif bene gevin for Murthering of the faid James Bannatyne the 
contrair thairof was verifeit befoir the faidis Lordis, and the faid Obligatioun 
(proven) to haif bene gevin for borrowit money : Lyk as, the Witneffes quha war 
examinat thairupoun, deponit, that thai faw the numeratioun 1 of the faid money. 
And fua the faid deponer being improvin, in the maift fubftantiall poynt of his 
Depofitioun, thair aucht no credeit to be gevin to the reft. Forder, the faid 
Depofitioun concernis na pairt of the Dittay, nather fubftantiall nor circum- 
ftances thairin contenit. Laft, he is tejlis fingularis, deponeing vpone his awin 
turpitude, viz. that he was hyret tq the Slauchter of ane man ; and thairfoir, 
his Depofitioun can nocht be regairdit ; fpeciallie, haifing confideratioun to the 
circumftances thairof, viz. that vncoactit or compellit, be paft furth of Scotland 
to London* to mak his Depofitioun to his awin guid-brother, 2 Sir James Ham- 
miltoun, in the quhilk he confeflis him felf to be reftranit fra his allegit pre 
tences, and to mak the faid Depofitioun for the love and reverence he bure to 
my Lord of Abercorne, quhome the perfones pannellit acknowleges 3 as pairtie. 
Quhilkis haill circumftances, concurrand with the notorietie of his bypaft lyfe, 
verefeit be the Decreit of Secreit Counfall, his Depofitioun can mak na fayth. 

As for the Depofitiones of George Blak, the famyn can mak na fayth : becaus 
he depones that the Laird of Auchindrane fould haif hyret ane Williame Car- 
michell, being ane difcreit Gentilman, integre fame, is nevir examinat thair 
upoun; and fua the faid Georges aflertioun, being tejlis Jingularis in that Depo 
fitioun, can nocht worke. 

To the prefumptioun obiectit aganis Young Auchindrane, beiring, that gif 
he had nocht bene giltie of the Murthour of Dalrumple, he wald nocht haif 
fufferit the iniurious woirdis and langage of James Bannatyne ; it is anfuerit, 
that gifand the prefumptioun war trew, yit it is nawayis pregnant to infer 
Treafone aganis Young Auchindrane, feing na fubftanciall fact is provin. And 
forder, the caus of his forbeiring of him, at that tyme, was, in refpect the faid 
James Bannatyne vtterit his iniurious woirdis and boifting, in his drukinnes, 
1 Telling, or counting out of the money* * Brother-in-law. 3 Recognise. 



44&9JAC. VI. CRIMINAL TRIALS. 147 

quhairvnto he is alwayis fubiect. As lykwayis, it was na honour 1 to Young 
Auchindrane to put handis in his awin man, being in that eftait : Lykas, he was 
reconfeillit with him, at the requeift of Williame Kennydie of Garfar, quha was 
examinat befoir the Counfell. It is anfuerit, to the prefumptioun concerning 
the Tak 2 maid be Young Auchindrane to James Bannatyne, quhilk Young 
Auchindrane denyit that he nevir gaif any to the faid James, quhill 3 the famyn 
was provin and producet, &c< -; that the famyn prefumptioun is nawayis fuffi- 
cient to infer the cryme of Treafoun ; becaus the fame is nocht ane prefump 
tioun concerning the committing of the cryme lybellit, bot only ane illatioun 4 
vpoun ane vnnecefiar confequence ; ffor it nawayis followis that, albeit ony Gen- 
tilman gaif ane Tak, for nocht, to ony of his fervandis or dependeris, that thair- 
foir he was airt and pairt with hihi in committing of arie treffonabill act ; vnles 
it war fufficientlie verifeit to half bene done for that caus ; nor yit dois the pro- 
ductioun of the Tak mak Young Auchindranes Depolitioun to be vntrew ; be 
caus it is neuir provin that the Tak was gevin to James Bannatyne ; bot, be the 
contrair, the famyn was tane out of Thomas M c Allexanderis kift, in quhais 
handis it was confignit, quhill the conditiones betuix thame war endit ; viz. that 
the faid James fould haif maid richt to Young Auchindrane of the fowme of I m 
(1000) merkis, quhilk he had vpoiie Langfchawis land, quhilk he could nocht 
than prefentlie do, in refpect the faid James had maid his awin wyffe affignay 
thairto ; quhilk Affignatioun is producet in judgement : Nather is it probable 
that gif the Tak had bene maid to the faid James, conforme to the prefump 
tioun, bot the famyn wald haif bene put in his awin hand, and nocht confignit 
in ane thrid perfones hand. 

[My Lord Aduocat takis inftrumentis of James Bannatynes Declaratioun 
maid judiciallie be him ; quha being demandit, * Gif the Tak grantit to him be 
Young Auchindrane was delyuerit to him felf ?' Declarit, it was firft delyuerit 
to him, and thairefter, be confent of him felf and Young Auchindrane, it was 
put in the handis of Thomas MAllexander, vpone Auchindranes feir that the 
deponent had allegit the productioun of that Tak fould haif done him grit harme.] 
As to the Depofitioun of Allane Pi/per, it aucht nocht to be refpectit, becaus 
he is tennant to my Lord of Caffillis of the foure merk land of Sallachan ; and 
forder, the faid Depofitioun proves nathing, nather of the fubftance nor circum- 
ftances of the Dittay. As to the Depofitioun of Williame Roi/e, can mak na 
fayth ; becaus his wyfe and the Laird of Cullane are thridis and ferdis of kyn : 
And forder, the payment of the maill and deutie inferris na prefumptioun. As 
to the Depofitioun of Williame Pyper, anent the Lady Auchindranes furneiffing 
of James Bannatyne, aucht nocht to be refpectit, becaus he is man, tennent, and 
1 It would have been dishonourable. 8 Lease, or tack.\ 'Until. * Inference. Lat. illatio. 



148 CRIMINAL TRIALS. A.D. 1611. 

fervand to the Erie of Caffillis ; as alfo, is tennent removeable to the Erie of the 
foure merk land of Sallachan ; nixt, he fauld his maifter Ardmillane and Thomas 
of Bargany to my Lord of Caffillis ; for the quhilk he promeift him V c merkis. 
It is anfuerit to the prefumptioun anent the Laird of Cauldwallis Depofitioun, 
of the fuffering James Cunningham e to pas away, contrair to his promes, that 
the famyn is nawayis pregnant aganis the perfones pannellit, feing thair is na 
fact or deid contenit in the fame, allegit to be done be thame. It is anfuerit, to 
the prefumptioun refulting vpone the Letter producet Firft, the fame wirkis 
nathing aganis Young Auchindrane, becaus it is ane Lettir allegit writtin fra his 
father to him, never reflauit be him ; and fa can infer na preiudice aganis him : 
Item, it can work nathing aganis the father, becaus the famyn is nocht fubfcryuit 
be him ; lyk as, he denyis the famin being re-fent ; and thairfoir, he nocht con- 
feffing the famyn, nor being fubfcryuit be him, can work nathing aganis him : 
And quhair as, it wald appeir the fame to haif bene delyuerit to the Counfell be 
my Lord of Mar, quha is allegit to haif reflauit the famyn fra the Conftable, 1 
quhilk Conftable is allegit to haif reflauit the fame fra Dormond, ane of the or- 
dineris of the Caftell ; and the faid Dormond is allegit to haif reflauit the famyn 
fra Auchindrane elder, to haif bene delyuerit to his fone : The famyn can mak 
na fayth, ffor albeit my Lord of Mar and the Conftable thair Depolitiouns may 
be trew, as the perfones on pannell will nocht impunge the famyn, yit it followis 
nocht hot, that Dormond hes bene fubornet be the vnfreindis of the faidis per 
fones to mak the faid narratioune to the Conftable : to the effect that thairby he 
mycht caus ane falfifeit Letter cum in the Counfallis handis : And to mak the 
faid mater mair cleir, the faid Laird of Auchindrane elder offeris to preve and 
verifie inftantlie, be dyuerfe famous witneflis fubfcryveand, and, in fpeciall, be 
James Pennycuik, ane of the perfones producet aganis him, and vtheris, &c., 
that Eduard Mekiljohne, fumtyme feruitour to James Prymrois, 2 come to the 
Laird of Auchindrane, thay being baith wairdit in the Tolbuthe, and faid to 
him, ' Sir, I haif fene 3our writ ofbefoir ;' and being demandit, * Quhair?' an 
fuerit, ' I was imployit to counterfute ane Letter of 3ouris, allegit directit be 3ow 
to ]>e Caftell of Ed r to 3our fone, 3 the quhilk contenit ane half-throche of paper 4 
on bayth J>e fydis, and was nocht fubfcryued ; the quhilk I counterfute as neir 
3our hand writt as I think was poflible.' Being demandit, ' How was it be j)is 
writt quhilk I am now wryting ?' Anfuerit, * It was fumthing fmaller.' Being 
demandit, ' Quhat was )>e caus )>e Letter was nocht fubfcryuit ?' Anfuerit, ' It 
was to mak the matter mair fufpitious !' ffor, fayis he, ' it wes gevin me vpone 

1 The Constable of Edinburgh Castle, yiz. Thomas Hume. * Clerk to the Privy Council. 

3 Directed from Old Auchindrane, then in the Tolbooth of Edinburgh, to his son, then in ward in 
the Castle. * A half through, or half a sheet of writing-paper, then usually of the size which is 

now termed < foolscap.' 



44&9JAC. VI. CRIMINAL TRIALS. 149 

ane grit fecreit in the Tolbuthe, and I nevir reveillit nor opnit J>e matter quhill 
now !' James Pennycuik fpeiris at him, * Quha gaif 3ow this ?' Anfuerit, * I 
will keip J>at to my felff !' 

As for the doingis of the Lady Auchindrane, the famin can nawayis preiudge 
hir hufband or hir fone, fcho being ane woman ; and hir abfenting of hir felff was 
for ane lauchfull caufe, viz. feiknes, authorizet be ane lauchfull Teftimoniall. 

As for Thomas Mure and the reft going to the home, for non compeirance, 
it can be no pregnant prefumptioun to infer Treafone vpone the perfones pannellit. 

Eduard Mekill-Johnne, being fend for, and prefenting him felff, fuorne and 
examinat, deponis, that he reflauit the Letter direct be Auld Auchindrane to his 
fone, being wairdit in the Caftell of Ed r , ffra my Lord of Mar, in prefens of Ar 
chibald Prymrois, writter, to be coppeit be the Deponer. Eftir the coppicing 
quhairof, the deponer, ane grit ipace thaireftir, cuming to the Tolbuith of Ed r , 
and finding the Laird of Auchindrane wryting at ane buird, he come to him and 
faid as followis : ' Laird of Auchindrane, I think I haif fene 3our writ of befoir.' 
Quhairvnto Auchindrane anfuerit, * Quhair faw 36 it ?' The Deponer replyit, * I 
remember I coppeit ane Letter verrie lyk 3our writ, quhilk I reflauit to coppie 
fra ane Noble man !' Bot wald nocht declair to him the Noble man his name 
that gaif the directioun : And as to the alleget declaratioun than maid be the 
deponer, that he counterfute the faid hand writt, denyis the famyn ; hot that the 
famyn was coppeit be him, be directioun, as faid is. Quhairvpone my lord Ad- 
uocat afkit inftrumentis. 

Archibald Prymrois, alfo prefent, being fworne, Declairis, that he was prefent 
quhan my Lord of Mar delyuerit the Letter to Eduard Mekil-Johnne to be cop 
peit ; quhilk my Lord than declarit, was interceptit betuix Auld Auchindrane 
and his fone ; and the famyn Letter being than prefentit be my lord to the De 
poner, he verrie hardlie could get the famyn red, being fa evill writtin and evill 
fpellit ; Bot to put Auchindrane in remembrance anent that matter, the famyn 
Letter being producet to the Lordis of Secreit Counfell, eftir intercepting thair- 
of, and fchawn to the Laird of Auchindrane, and he than inquyrit, * Gif he knew 
that Letter or the hand writ thairof ?' Auchindrane anfuerit, ' It was nocht his 
hand-writ, hot was verrie lyk it.' And being defyret to reid the Letter, he red 
the famyn in thair Lordfchipis prefens, verrie diftinctlie, without ony ftope : At 
quhilk tyme, the Lordis of Secreit Counfell, my Lord of Dumbar being prefent, 
caufit Auchindrane wryte with his awiii hand ane particuler anfuer of all that 
was demandit him in that matter, to the end thai mycht the better recognofce 
and try quhidder the famin was writtin be him or nocht : And forder, the de 
poner knawis nocht. Quhairvpoun my Lord Aduocat alfe afkit Inftrumentis. 

IN fortificatioun of THE VERIFICATIONS producet be the Aduocat, and vfet 



150 CRIMINAL TRIALS. A.D. 1611. 

to the Aflyfe, my lord Advocat affirmes, that it is lauchfull and vfuale to the 
Lordis of his Maiefteis Secreit Counfell to examine Witnefles, out of prefens of 
pairtie, in all crymes treflbnable ; quhais Depofitiones being producet to the 
Aflyfe, makis full faith, vnles thai be impugnet be fum lauchfull particular ex- 
ceptioun proponit aganis the famyn ; and can nocht be impugnet, for want of 
power in the examinatouris ; or the Depofitiones was reflauit, the pannell nocht 
being callit thairto. The Depofitiones of James Pennycuik and George Blab, 
tane at Court, ar lauchfull, as tane by expres command of the Kingis Maieftie, 
and in prefens of ane of the Lordis of his Counfell of this Kingdome. It is 
abfurd to excufe the pannellis going to the home, for the treflbnabill cryrne ly-> 
bellit, for feir, gif he had compeirit, to haif bene challanged for piftolettis ; feing, 
his being fugi due for this cryme, inferris aganis him prefumptioun of Treafoun : 
And in caice he had compeirit, his fchuitting of piftolettis without ony harme 
done with thame, wald haif inferrit na forder danger, nor (than) the panes of ane 
fyne. The perfewar neidis nocht to produce Thomas Kennydeis fforfaltour for 
this cryme, becaus the famyn being deducet in Parliament, is judget nottour to all 
the fubiectis, and na man can pretend ignorance thairof. The Relaxationes pro 
ducet, purges nocht the prefumptioun of thair giltines of the crymes contenit in 
the Hoirningis ; becaus, Auchindrane elder was nocht relaxit fra the hoirning, 
for lying (in wait) for Collayne in Mayboill, quhill efter his reconciliatioun with 
the pairtje ; at the quhilk tyme, na man was to perfew him : Nather was he re- 
laxt fra the home for the treflbnable crymes lybellit, quhill he was tane and im- 
prifonet in the Tolbuith of Edinburgh, and fa could nocht elchew his tryall. 
To the obiectioun aganis James Mure of Fleit, it is vntrew and malicious : 
And he being confrontit with the Deponer, Auchindrane proponit na objectioun 
aganis him, that tuichet ather his fame or welth. Attour, the perfewar takis 
inftrumentis, that the Erie of Cajflllis, being fuorne, in prefens of the Aflyfe, 
vpoun the obiectioun offerit to be verifeit be his aith, hes declairit the famyn to be 
vntrew. And lykwayis, that Sir Wtlliame M c clellane ofAuchleane, kny*, being 
fuorne vpone the poynt of Thift, and reconciliatioun thairof, offerit to be provin 
be his aithe, he declairit the famyn to be vntrew : And forder, he declairit, be- 
foir the Aflyfe, that gif ony imputatioun could be laid to James Mure for the 
fufpitioun of that Thift, the famyn was cheflie to be imput to Auld Auchindrane, 
quha houndit him out to the doing thairof. To the obiectioun aganis James 
Gordoun, for his youthe, the tyme of the factis quhairvpone he hes deponit, an- 
fueris that he was paft ten yeir auld, befoir the committing of the firft of the 
faidis factis ; And being now ane man of perfyte age, may lauchfullie depone of 
thingis done quhan he was young, the famyn being recent in his memorie. Attour, 
the faid James, being confrontit with the Laird of Auchindrane, he than deponit 



44&9JAC. VI. CRIMINAL TRIALS. 151 

nathing aganis his perfone, age, nor lauchfulnes of his Depofitioune. To the 
generall objectioun, that the Depofitiones in Criminall cauffis makis na proba- 
tioun, bot ar prefumptionis and cauffis of tortour, it is manifeftlie vritrew, and 
contrair to the Law and practiques of this cuntrie. To the objectioun, that the 
Depofitiones concerning Mr Robert Mures Letter ar generall, and preves nathing, 
it is vntrew ; becaus the Depofitiones contenis, that the Letter buir aduerteifmerit 
to Auchindrane of the Laird of Culaynes dyet to Edinburgh. For the Depofi 
tiones maid be Cauldwell and Young Auchindrane, referris the conlideratioun 
of thame to the Afiyfe, it being out of dout, that nather Young Auchindrane 
wald hurt his father, nor Caldwell his freind, be thair Depofitioun. The objec- 
tiones aganis Woidland ar proponit in jeaft ; becaus at all tymes quhan he cumis 
to the toun, he vifleitis the Defenderis, his freindis, 1 in ane freindlie maner. 
For Johnne Mure, callit of Blakbyres, he was Auld Auchindranes houfhald 
fervand, fa lang as he had ane hous, and fenfyne hes duelt in Blakbyres, vpone 
Auchindranes land, familiar with his Lady and him felf, frie of all perfute, con- 
victioun, hoirning, or fufpitioun of cryme. And the perfewar takis inftrumentis 
of the Erie ofCaJJiltis Declairatioun to the Aflyfe, that his lordfchip nevir maid 
promeis to Blakbyres, to purches 2 to him Refpett, Remiflioun, or vther fauuour, 
for his compeirance. The Depojitionis maid to the Prejbiterie, ar verrie lauch- 
full and formell; haifing the force of ane Inquifitioun, for try ell of ane murthourit 
man and the authoris thairof. 3 Walter Mure was tenent and fervand to the 
pannell, and convoyit by the way 4 by his meanis, becaus he mycht haif controllit 
his denyall of his fending James Cuninghame to the faid Walter Mures hous for 
Williame Dalrumple. James Dalrumple his Depofitioun is lauchfull, albeit 
thai allege it to be maid to his awin turpitude, and that, be his awin confeffioun, 
he is Jbcius criminis; becaus in abhominable and extraordiner crymes, fie as 
Murthour vpone fet purpois, complices ar lauchfull Witneffis, and thair Depofi- 
tionis makis full faith ; becaus it is confident be the Law-makeris, that fie fecreit 
and denyable crymes, can nocht poffiblie be provin, bot be complices. James 
Dalrumpillis kynreid with Cullayne and the Erie of Caffillis, can nocht mak 
him fufpect, becaus he is fifter-fone 5 to the Lady Auchindrane, and fifter-bairnis 8 
with Young Auchindrane, and fa prefumet of the Law to beir gritter affectioun 
to thame. 

The perfewar defyres the Aflyfe to remember Auld Auchindranes Declara- 
tioun, in thair prefens, that James Dalrumpill maid him adverteifment to fet 

1 In this instance, and indeed generally throughout this Trial, the term 'freind' signifies relative or 
blood-relation, as in the preceding reference to Caldwall, &c. 2 Procure. 3 An inquest or 

precognition held for the purpose of discovering the perpetrators of a murder; and for bringing them 
to justice for their crimes, if guilty. 4 Put out of the way. s Nephew. 6 Couein- 

german. 



152 CRIMINAL TRIALS. A.D. 1611. 

him, 1 quhilk detectis his fauour to the defenderis, and his vnwillingnes to depone 
to thair prejudice. 

Patrik Bannatynes Depofitioun man mak fayth, becaus it was maid quhan 
he was the Kingis lauchfull fubiect, frie of all cryme ; and his kindreid with 
the Erie of Caflillis, can nocht mak him fufpect ; becaus, fen the feid, 2 he hes 
bene in fpeciall freindfchip and familiaritie with the Defenderis ; quhilk thai 
can nocht deny : Nather can the faid Patrikes Depofitioun, nor the Depofitioun 
of ony of the remanent Witneffis, be impungeit, as foundit onlyjiiper auditu, and 
be relatioun of James Bannatyne ; becaus that relatioun was maid be James, 
quhan he was in verrie grit freindfchip with the Lairdis of Auchindrane, elder 
and younger, and refTauit many fauoris and fuppoirtis fra thame. The De 
fenderis impungis Johnne Mure in Curveris Depofitioun anent the pulleing 
of Williame Dalrumpill af James Bannatynes hors ; bot never anfueris to the 
materiall poyntis thairof, anent thair fending of Cuninghame for Dalrumple 
to Glenheid ; convoying of him to Chapeldonan ; fending for him to Girven 
Sandis ; and Murthouring of him thair. James Bannatynes Depofitioun man 
mak full fayth, albeit he be at the home, and excommunicat for this cryme ; 
but hoirning and excommunicatioun can nocht work famekill aganis him as 
his awin Confeflioun ; quhilk Confeffioun can nocht ftay him to be Witnes, 
feing he is fo neceflar a Witnes, as without him na probatioun can be had in 
this cau^s, bot be his Depofitioun ; except, be the Confeflioun of the remanent 
defenderis, quhairof thair is no hoip, in refpect of thair effronterie, obftinacie, 
and induratioun. His kinreid with the Erie of Caflillis and Cullzeane is pro- 
ponit in fcorne ; becaus the Lairdis of Auchindrane can nocht deny, bot that the 
faid James was profeflit pairt-taker with thame, in all feidis and querrellis aganis 
the Erie of Caflillis, and afliftit thame in the Invafioun of Garriehorne for his 
Slauchter. Thair allegeance, that he comes in vpoun promeis and conditioun of 
his lyfe, is abfurdlie qualifeit, as grantit be thame quhois protectioun and faif 
conduct can (nocht) faif ane hair of his heid. Thair allegeance of his malice 
aganis Young Auchindrane is impertinent, in refpect of Young Auchindrane 
furneifling and fending of him out of the countrie, and recommending of him, be 
his Lettres, to his uncle ; and of the fauour and help maid to the faid James 
Bannatyne fenfyne, be the Lady and the pannellis remanent freindis. Quhair 
thay propone, that he wald nocht haif willinglie cum in to his awin deid ; it is 
faiffer for him to cum in and depend vpone Godis fauour and the Kingis mercie, 
or fai^eing thairof to die, weill prepairit in ane Chriftiane refolutioun, vpone 
the fcaffold, nor 3 to haif bene inhourlie danger to haif bene murthourit, be pro 
curement of the Defenderis, as he mycht haif bene in danger nocht haifing la- 
four to haif callit for Godis mercie. 

1 To cite him as a witness. * Fend. " Rather than. 



44&9JAC. VI. CRIMINAL TRIALS. 153 

Robert Ramfaijis practique is impertinentlie citet in this caice; becaus he 
deit for his manifeft periurie, and falfe and contrair Depofitiones, juftlie work 
ing aganis him felff; quhilk maid nocht the euident 1 to fall, and fa verifeit na 
punifcheable falfet aganis ony vther. Bot heir, thair is ane actuall Murthour, 
quhairof the Lairdis of Auchindrane ar provin als giltie as James Bannatyne. 
The perfewar takls inftrumentis that James PennycuiJe, being folempnelie fuorne 
befoir the Aflyfe, hes ratifeit, in thair prefens, his haill Depofitiones maid in Ing- 
land. His Hoirning makis him nocht infamous, becaus it proceidis vpone ane 
Decreit of Secreit Counfell, quhilk can nocht be gevin in ane mater impoirting 
infamie ; befyde, that fen 2 the faid Hoirning, he remanit priffoner dyuerfe oulkis 
in the Tolbuith of Edinburgh, quhair ony man that lyket to haif accufet him 
mycht haif drawin him to pannell, in defpyte of his heart.- The Depofitioun of 
Mr Johnne Edmejloun aganis him can nocht be refpectit ; becaus Mr Johnne 
is infamous, being deprehendit and tryit authour of ane infamous lybill aganis 
the Lordis of Secreit Counfell, Seffioun, Prelattis of this Kingdome, and Magif- 
trates of this Burgh. Quhair thay allege that James Pennycuikis Depofitioun 
concernis nocht this Dittay, the perfewar declairis, that he vfes his Depofitioun 
as ane probatioun of ane confequent fact, quhilk cleiris exceidinglie the preceid- 
ing Murthour of Dalrumple : ffor Auld Auchindrane wald nevir haif hyret ane 
man to haif murthoret James Bannatyne, gif James Bannatyne had nocht bene 
able to haif verifeit aganis Auchindrane ane mair dangerous cryme. He is nocht 
meirlie tejlisjingularis, becaus his Depofitioun is ftrenthened by the Depofitioun 
of his fervand George Small; and his Depofitioun vpone his allegit turpitude 
can nocht repell him in this caice ; becaus he is, in effect, ane complice with 
thame aganis quhome he deponis, and hes purget his giltines thairof, be his 
tymous repentance, and defifting frome the profecutioun of the faid purpois. His 
Depofitioun can nocht be elydit 3 be ony thing writtin to him be Sir James Ham- 
miltoun ; becaus that Depofitioun is maid judiciall, alfweill be his Declaratioun, 
befoir the Lordis of his hienes Secreit Counfell, in Ingland, and be his approba- 
tioun of his haill Depofitiones, this nycht, in prefens of the Afiyfe. George 
Blakis Depofitioun is verrie famous, 4 and can nocht be drawin in fufpicioun, 
vpoun the allegeance of ony malice confauet for want of fourtie merkis of fie. 
Young Auchindranes fuffering of the iniureis offerit to him be James Banna 
tyne, ftandis cleirlie verifeit be the reiterat Depofitiones of William Kennydie 
of Garfar, he being confrontit with Young Auchindrane. Auld Auchindranes 
denyall of his Letter to his fone, can nocht be refpectit, feing it is fo cleirlie ve 
rifeit to the Counfell, be Dauid Dormond, and Thomas Home, Conftable of the 

1 The writing or Title-deed referred to in his case. s Since. 3 Evaded ; got quit of. Lat. 

elidere. 4 Worthy of credit. 

VOL. III. U 



154 CRIMINAL TRIALS. A.D. 1611. 

Caftle, and the Erie of Mar, quho ar Witnefles aboue all exceptioun, that the 
famyn was fend be Auld Auchindrane to his fone. The perfewar repeitis the 
Depofitiones maid be Archibald Prymrois and Eduard Mekill-Johnne, in judge 
ment ; and namelie, that pairt, quhairby Archibald Prymrois callis my Lordis 
of Counlell treulie to memorie, that Auld Auchindrane, at the verrie firft ficht 
of his Letter, red the famyn fo ryplie and perfytlie, as gif he* had it perquier, 1 
quhilk no vther man, nor 2 the wryter of the Letter, was able to haif done. Re 
peitis lykwayis the faid Eduard Mekill-Johnnes Depofitioun, quhairby the treuth 
of his coppying of Auchindranes Letter to his fone, at the defyre of ane mod 
honourabill and famous Noble-man, detectis the knaverie and complete of ane 
focieatie of malefactouris and dyverfe. 3 

Finallie, the perfewar repeitis the juft fufpitioun confauet vpone the pannellis 
abfenting of his wyfe, fone, and brother. 

THE DEFENDERIS allegis, that the Young Laird of Auchindrane i? frie of 
the prefumptioun of the Hoirning, becaus he compeirit at the day. Auld Auch 
indrane is nocht pannellit for lying at wait aganis the Tutour of Caflillis, at May- 
bole ; and fua, na prefumptioun can arryfe vpone that Hoirning. As for the 
reft, thay ar purget be cornpeirance. As for that pairt anent James Gordoun, 
he being confrontit with Auchindrane, he opponit nothing at that tyme, ather 
concerning his youthe or vtherwayis ; anfueris, that was nocht the place con 
venient ; hot now, debito tempore, in this Judgment, he proponis the famyn, 
conforme to the Act of Parliament ; and all vtheris of the lyk nature. It is an- 
fuerit to that article, ' that Depofitiones ar manifeft probationes,' that the Depo 
fitiones vpone conjectouris and prefumptiounis of na Law nor practique, ar ma 
nifeft probatione, bot only fufficient to induce tortour : And trew it is, that all 
the Depofitiones lybellit ar vpone conjectouris. Walter Mure, eftir that Auch 
indrane younger was twyfe enterit, and Auld Auchindrane lang in the Tolbuthe, 
was duelling actuallie in his awin hous, tane and apprehendit be the Erie of 
Caffillis, and demittit be his lordfchip ; and fa, his abfenting him lelf can nocht 
be prefumet for this caufe. The malice of James Bannatyne towardis Young 
Auchindrane is cleir, becaus he will preve, be James Gordoun, ane of the wit- 
nefles producet aganis him, that James avowit to haif Young Auchindranes lyfe, 
becaus he offerit to the Counfell to inbring him vnder the pane of Fourtie thou- 
fand puridis. The Depofitione of Mr Johnne Edmejioun is nocht vfet as ane 
fufficient probatioun ; but his Depofitioun, with the vther Deponer with him, 
aganis quhome thair is na fufpitioun, is mair pregnant to tak away James Pen- 
nycuikis Depofitioun, than James Pennycuikis Depofitioune is to infer Treafone : 

1 By heart; by rote. Fr. par cceur. * Excepting; but. z Detects the knavery and plot 

(conspiracy) of a society, or association, of malefactors and bankrupts (dyvouris ) 



44&9JAC. VI. CRIMINAL TRIALS. 155 

As James Pennycuik is at the home, fa George Small, his feruand, is at the 
home, for the fame fact ; and George Small deponis nathing in fpeciall. Laft, the 
perfones on pannell defyres your honouris of the Afiyfe to haif confideratioun of 
the lybell and Dittay ; as the famyn was admittit be my Lord Juftice, viz. that 
the fpeciall poynt making the famyn relevant, was, that Thomas Kennydie of 
Culseane was flane be the advyfe, inftigatioun, caufeing, command, counfell, and 
ratihabitioun of Auchindrane elder, quhilk is the firft pairt of the Dittay ; quhair- 
in, thair is nathing provin agarics Auchindrane elder, of thofe fubftanciall poyntis; 
nather can the famyn be ony wayes imputtit to Auchindrane younger. And as 
for the fecund pairt, quhilk is lybellit conjunctlie aganis Auchindrane elder and 
younger, and James Bannatyne ; the fubftantiall pairt quhairof is the allegit 
committing of the Slauchter of vmq le ( Williame) Dalrumpill : And the reft of the 
haill lybell, ar only accidentis, conjectouris, and prefumptiones ; and feing na 
pairt of the fubftantiall poyntis is provin, albeit the haill actiones, prefumptiones, 
and conjectouris war provin, quhilk is nocht grantit ; off all law and equitie, 
obferuit in all cuntreyis, the maift that can be inferrit thairupoune, is the tor- 
tour of the perfones aganis quhome the prefumptiones ar militant ; quhilk fpe- 
ciallie man haif place in the perfone of Young Auchindrane, aganis quhome few 
or nane of the prefumptiones ather contenit in the Dittay, or proponit by 1 the 
famyn, dois militat. 

VERDICT OF THE ASSISE. Quhilkis perfones of AlTyfe, eftir accufatioun of 
the faidis perfones on pannell, be Dittay, of the Treffonabill and crewall Slauch- 
teris and Murthouris refpectiue, aboue fpecifeit, and fuering that article thairof, 
aneiit the Murthour of the faid Williame Dalrumple, be the faid Beffie Dalrum- 
ple, his mother ; and eftir productioun of the haill Depofitiones aboue writtin, 
and vther writtis and probatioun for cleiring of the Pannellis giltines of the 
faidis crymes, be our faid fouerane lordis Aduocat ; the faidis perfones of AfTyfe 
remouet altogidder furth of Courte, to the Counfal-hous of the faid Tolbuthe ; 
quhair thai, be pluralitie of voitis, electit and choifet the faid Sir James Scrym- 
geour of Dudope, kny 4 , chanceller ; Reffonet and voitit vpone the crymes conte 
nit in the faid Dittay, and haill circumftances thairof; and being ryplie and at 
lenth advyfet thairwith, togidder with the haill writtis and probatioun vfet and 
producet be our fouerane lordis Aduocat, for inftructing thairof; togidder with 
the Pannellis objectiones proponit be thame, and thair preloquitours aganis the 
famyn, with my Lord Aduocattis anfueris maid thairto ; thay reenterit agane in 
Court, quhair the faidis perfones of Affyfe, be the mouth of the faid Sir James 
Scrymgeour of Dudope, kyn*, thair chanceller, Pronuncet and gaif furth thair 
determinatioun vnder writtin, fubfcryuit be the faid chancelleris hand, quhairof 

the tennour followis, 

1 Independent of ; besides ; forby. 



156 CRIMINAL TRIALS. A.D. 1611. 

" The Aflyfe,for the maiil pairt, efter reflbning and voiting vpone the firft article 
of the faid Dittay,ffind JOHNNE MURE ELDER OF AUCHINDRANE to be Giltie, 
culpable, and convict of airt and pairt of the treflbnable and crewal Murthour of 
vmq le Sir Thomas Kennydie of Cu^eane, kny 1 , committit in forme and maner 
contenit in the firft pairt of the Dittay. AND ficlyk, the faidis perfones of Af- 
fyfe, for the maift pairt, Hindis and declairis the faid Johnne Mure elder of Auch- 
indrane, and JAMES MURE OF AUCHINDRANE YOUNGER, and ather of thame, to 
be Giltie, culpable and convict of airt and pairt of the treflbnable and crewal Mur 
thour of vmq le Williame Dalrumple, in maner fpecifeit in the Dittay. AND laft, 
thai all, in ane voce, ffindis and declairis the faid JAMES BANNATYNE, callit of 
Chapel-Donane, to be Giltie, culpable, and convict of airt and pairt of the faid 
treflbnabill Murthour of the faid vmq le Williame Dalrumple, committit be the 
faidis perfones, in maner contenit in the Dittay." 

SENTENCE. Efter the pronunceing and declairing of the quhilk determina 
tion and delyuerance of the faidis perfones of Aflyfe, " THE JUSTICE, in relpect 
thairof, be the mouth of Alexander Kennydie, dempfter of Court, decernit and 
adiudget the faidis Johnne Mure of Auchindrane elder, James Mure of Auchin- 
drane younger, his eldeft fone and appeirand air, and James Bannatyne, callit of 
Chapel-Donane, and ilk ane of thame, to be tane to the mercat croce of the 
burcht of Edinburgh, and thair, upone ane fcaffold, thair heidis to be ftrukin 
frome thair bodeyis : And all thair landis, heritages, takis, fteidingis, rowmes, 
poflefliones, teyndis, coirnes, cattell, inlicht plenifling, guidis, geir, tytillis, prof- 
feitis, commoditeis, and richtis quhatfumeuir, directlie or indirectlie pertening to 
thame or ony of thame, at the committing of the faidis treflbnabill Murthouris, 
or fenfyne ; or to the quhilkis thay, or ony of thame, had richt, claim, or actioun, 
to be forfalt, efcheit, and inbrocht to our fouerane lordis vfe ; as culpable and 
convict of the faidis treflbnabill crymes." 

Quhilk was pronuncet for DOME. 



APPENDIX OF PAPERS AND DOCUMENTS ILLUSTRATIVE OF THE TRIAL 

OF THE MURES OF AUCHINDRAYNE. 

I. LETTER by Sir Thomas Hamilton of Byres, knight, to a Nobleman at 
Court, relative to the Trial of the Laird ofAuchindrayne and his Son, <%.' 

[THE following LETTER is a rough draught of a Letter transmitted by Sir Thomas Hamilton to 
some Nobleman high in power and favour at Court, (probably the corrupt Earl of Somerset) ; and is 
evidently intended for the King's perusal. This successful Lawyer and Statesman knew well how to 

1 Dec. 11, 1601. Now, on the tent of December, ane wariance being betuix the Erll of Cassillis and the Laird 
of Bargany, thay mett in Carrik, quhair the Laird of Bargany and sindrie wtheris war slayne, and diuerse Gentil- 
menne hunt. This was on 11 day of December, 1C01. And on the 12 day of Maij, 1602, Thomas Kennedy, bro 
ther to the Laird of Bargany, slew Schir Thomas Kennedy of Colzeane, kny 1 , quha had beine Tutour of Caisillia, in 
the rewendge of the slauchter off his brother. The quhilk Fead continewis as yitt onreconseellit. Anon, MS. Hist, 
of Scotland, Adv. Library, A. 4. 35. 



44 & 9 JAC. VI. CRIMINAL TRIALS. 157 

please his Majesty's taste for flattery but, if this is to be taken as a specimen, King James must have 
been much more of a glutton than an epicure ! In the same Collection from which this is taken 
(Hadingtoris MSS., Adv. Library, Edinburgh), there is preserved another draught, which is evi 
dently the original, and is extremely corrected and altered but it is so characteristic, that it shall also 
be preserved here in the original state, though merely a fragment. 

' HONORABILL AND VERTUOUS LORD, 

' BEING infornmt be ane wourthie freind, that your lordfchip wes very defyrous to have ane trew 
and ample relatioun of the proces deduced aganis the Lairdis of Auchindrane elder and younger, for 
the Mourthouris of Sir Thomas Kennedie of Cullayne, knight, and of Williame Dalrimple, I wes ex 
ceeding glaid to have rencountred that occafion to offer to your lordfchip this difcours, as an earneft 
of my faithful difpofitioun to expres my thankfulnes in matters of greater moment, when ever God 
fould grant me the abilitie to per forme any feruice worthie of your honour, and correfpondent to that 
great obligatioun whairin your fingular fauour and courteffis haue exceidiriglie engaged to your lo. 
Bot when I had written at lenth, all that did concerne that pourpofe, and had it reddie to be fent to 
your lo., report cumming to this cuntrie of his Maiefteis gracious pardoun granted to James Banna- 
tyne, whairas I did confaue that all men wald acknouledge it as ane commendabill effort of his Maie 
fteis moft jufte, gracious, and judicious clemencie ; yet, finding that fome deuelifh peopill als veno- 
mouflie inclyned to find mater of calumnie in his Maiefteis moft vertuous actionis, as the wefp to fuck 
poyfon out of the fweiteft and moft holefome floures, I have delayed my firft proiect, to fend to your 
lo. the fimpill difcours of the preceding aganis thofe malefactouris, quhill (until) efter Tryell of all 
that has bene murmured aganis his Maieftie in any circumftance of this action, I might mak the more 
full and perfyte report, alfweill of the materiall circumftances of the proces, as of thefe incidentia, 
whairin his Maieftie, having exprefied his rare and wounderfull iugement, his vnalterabill conftancie 
and '] 

[HONORABILL AND VERTUOUS LORD.] 

KNAWING, by informatioun of ane wourthie freind, that efter your lordfchip hard the vulgar report 
of the conuictioun and pvneifment of THE LAIRDIS OF AUCHINDRANE, ELDER and YOUNGER, for the 
Mourthour of Sir Thomas Kennedie of Cullayne, knicht, and of Williame Dalrumpill, yow did 
defyre to have a full and verie particular relation of the whole proceidingis of that mater, becaus my 
being ey witnes from the beginning to the laft act of that proces, makis me abill to giue ane true 
accompt of euerie circumftance thairof ; and the great fauoris and courteffeis reflaued of your lo. have 
ingaged me in ftronger bandis of dewtie nor 1 want of abilitie will permit my feruice to difchairge ; I 
haue prefumed to fend to your lo. this difcours, rude, informal!, and voyde of all ornamentis except 
treuth, as ane earneft of my defyre to proue thankfull to your lo. and obedient to your cornmande- 
mentis ; whilk fould haue foner cum to your lo. handis, had not this tyme of vaicance 2 impeded me to 
find, fo fpeidelie as I did wifh, the helpis of fum fcrollis of the lawers and clerkis, to whom the deduc 
tion of that proces was fpeciallie committed ; I did coniecture that your lo. cheif refpect in this defyre 
wes to have the jujlice of his Maie/ieis directionis, in that action, maid als manifeft to the worlde as 
thay ar in the fight of God, and perfuafion of his owne confcience (albeit his prouidence, wifdome, 
juftice, and mercie have fund peopill als abill to fuck venome owt of thefe Royall verteues as the 
wefp to extract poyfoun furth of the moft beautifull and healthfull floures, whilk in thay owne place, 3 
I have remarked, naikedlie, as does beft befeme treuth,) acknowledgeing how vnhabill I am to giue 
the dew lufter to thefe eminent and abundant vertues ; and thairfore, if your lo. fall ever think that 
proces wourthie of the fight of the worlde, I know your wourth and bontie has gevin your lo. power 
and ane great many rare and excellent fpirits, who will be glad to beftow the beft floures of thair in- 
gyne and learning, to giue the right foyle to that whilk may concerne his Maieftie, in fame, or your lo. 

1 Than. * Time of Vacation, when the Courts of Justice do not sit, and when the Lawyers are frequently in 
the country. 3 The own or proper place. 



158 CRIMINAL TRIALS. A.D. 1611. 

in contentment. And, to the effect the proces may the more eafelie to vnderftand, hefore I cum to 
the Report thairof, I will premit (premise) ane trew Narration of the firft motiues which involued the 
Laird of Auchindranes evill nature in the Inbirinth of th>fe mifchevous interpryfles ; which, be the 
juftice of God, and his Maicfteis admirabill prouidence and inflexibill confiancie, being brocht to light, 
hare overthrowne his life and fortunes. 

ANE TREW NARRATION ofthefirjl Motiues wliicli involued the Laird of 
Auch'mdranc^ s evill Nature, c. 

YOUR lo. hes heir the particular Difcours of ane Proces, whilk, vpone dyueris refpectis, many wyfe 
men have judged to be verie memorabill. Sum, remarking the bad nature of malicious men, who, mea- 
furing be thair owne inerciles difpofition, the affection of vther menis hairtis, can never hope to refiaue 
frie pardon of tliofe whom thay have mightelie offendeit ; and thairfore, forgetting the courtiffie refia- 
ued of thofe who have remitted to thame great iniuries, faillies nocht to requit thair gude with evill ; 
and at their tirli adnantage, to bereave thofe of thair lyfe from whom thay reflaued thair owne, as Auld 
Auchindrane did to Sir Thomas Kennedie of Cullayne. 

Vtheris, did confider, with horrour, the craft and diligence of the Devill vfeis keip in his bondage 
thofe who he anis fetteris in his fnaires ; offering to thame allurementis to facilitat to thame the Inter- 
pryfes, whilk, in thair worldlie confiderationis thay judge mod Hklie to procuir the wifhed endis of 
thair proiectis ; as Auld Auchindrayne' s refolution to cut af all meanis of difcouerie of his guiltines of 
Cullayne s Mourthour be the MourtJiouring ofDalrumpill; whairin his fin apperis to have bene fo 
odious in the fight of God, as, for his pvneifment, God permit tit his Tone to be inuolued in the guilti 
nes of that fam haynous cryme, as ane preparatiue of the vtter ruyne of that houfe : Whilk fucceiding 
altogidder contrare to thair expectatioune, and the verie elementis concurring to the difcouerie of thair 
fecret fin, that did not oppin thair eyes and hairtis to fie that manis wit is fillie before God, and that 
thair ftrenth is hot duft ; hot thay fall be blinded with the prefumptioune of thair owne jugement ; and 
thairby thipking, that if Bannatyne, who wes ey witnefle and actour with thame of Dalrumpilis Mur- 
thonr, wer killed, that thair refted no vtber meanes to proue thame guiltie thairof ; whilk being con- 
ilantlie denyed be thame, wald lykwyes clcir Auld Auchindrane of Cullaynes Murthour. Thay in 
tended to vfe Peniecuke in the Murthour of Bannatyne ; and feiring left Peniecuke might efteruardis 
difcouer that he had bene moved be Auld Auchindrane to kill Bannatyne, being fugitiue, as pairtaker 
with Auchindrane and his fone in Dalrumpilis Murlhour, it audit (to) put all men in jufte fufpicioun 
that it wes done, for cutting away the meane of the difcouerie of Dalrumpilis Murthour ; thairfore it 
wes thought expedient that Quintene Mure of Auchneill fould kill Pennicuke, in reuenge of his Mour- 
thouring Bannatyne ; and fwa, Auchneill, knoweing no thing of Dalrtimpilis Murthour, and being not 
onlie innocent of Bannatyne's Murthour, bot the avenger thairof, he fould be frie of all fufpicioun of 
the fyrft Murthouris, and thay fecured of all probatioun that could have bene led aganis tliame thair- 
anent ; whilk being difapoynted, be Pennicukis remorfe, and James Bannatyne s refolutioun to end 
his dangeris and miferies, ather be his Maiefteis mercie, or, be ane fetled refolutioun, to accept his 
death, as the juft pvneifment of his great finnis, in patience. It is evidentlie remarqued that the courfes, 
grounded vpoun the prefumptioun of ane manis owne wit, ar the verie inflrumentis whilk God vfes to 
confound thame in the folie of their owne imaginationis. 

Nather could wyfe men neglect to admire, how loath the Devill is to quyte his pofleffioun of ane 
finneris foule ; having fo contended to menteane Auld Auchindrane in his denyall -and impenitence, 
that efter his convictioun, when his conftancie could nothing availl him, thair wes no appearance that 
he fould aither confes or publictlie repent the crymes for which he was condamned ; whill (until) efter 
ane notabill con6ict betuix his fone ( Young Auchindrane) and the Devill, who ftill perfuaded him, 
that thair wes no hope of raercie to ane finner, who had wilfullie and oft periured him felf, with horri- 
bill execrationis ; fum godlie Bifchoppis and Minifteris, be lang conference, and many comfortabill af- 



44&9JAC. VI. CRIMINAL TRIALS. 159 

furanceis gevin to him of the reddines of Godis frie grace and mercie to all finneris, who, with vnfeyned 
repentance, ar difpleafed for thair finnes ; and can difpofe thair foules to hope for pardoun, and beg it 
at his handis; he wes moved to mak plane and particular declaratioun of the vnhappie Murthour of 
Dalrimpill, committit be his father and him felf, according to Bannatynes Confeffioune and thair con- 
victioun. Quhairby, finding his confcience wonderfullie difburdened, and his foule fullie repleineiffed 
with affured hope of Goddis abundant rnercie ; did cheirfullie difpofe him felf to death, as the only way 
to ane better and ever permanent lyfe ; and vfing his beft perfuafionis to his father, that as they wer 
joyned by bloude, and lykwayes conioyned in the equall guiltines of fo hynous ane fin, fo he wald 
confent that thay might joyne in repentance and trew conuerfioun ; he did fo muche pervale with him, 
that being affilted be the godlie travels of the Bifehopis and Minifteris, the father wes broght to fo frie 
and fenfibill contritioun, as, in the laft houres of thair lyfe, and at the tyme of thair death, thair godlie 
refolutioun to mak haift to reffaue the eternall joyes, whilk thay exfpected affuredlie at Goddis merci- 
full handis, gave als great confort to the behalderis of thair Executioun, as thair wicked lyves had 
bene offenfine, to thofe who knew the actionis thairof. 

THE dependance of this Proces kept menis myndis in great fufpens, dyuerflie diftracted, in the ex- 
fpectatioun of tlie incertane event thairof; the vulgar multitude, alwayes piteing fuche as ar miferabil, 
without refpect of the dangerous confequence of the impvritie of fuche crymes, wifliing faiftie and re- 
leif of the prifoneris : wyfe and godlie men, longing for the plaine difcouerie and exemplar pvneifuient 
of the haynous tranfgreflburis, whairof, in thair conference, thay judged the defendaris culpabill ; and 
vthers, difallowing the preparative of the long imprifonement and rigourous Tryall, ever glaid to fie 
the appeirances of thair efcaip ; till God, in his owne appoynted tyme, be fuche meanes as ar before 
reherfed, did juftlie determine this long dowtfum caufe. 

And albeit I have many tymes earniftlie confidered, both the groundis of this caufe, and meruellous 
incidentis and accidentis in the progres thairof, yet no thing hes ever appeired fo ftrange and extraor- 
diner to me, as tlie blindnes or rather malice of ane great number of cure peopill of all fortis ; who, 
forgetfull of oure happines in the wyfe, equitabill, clement, and moderat regime of oure moft excellent 
King, became dowtfull of the juftice of his directionis, in this caufe, [For whan I call to memorie, 
the whole courfe of his lyfe, from his firft conceptioun to this hour, and do compaire the fame with 
tlie regnes and lyves of vther Kingis, I think we have more reafon, with thankfulnefs to God, to ac- 
knouledge his regne, to be the renouatioun of ane golden aige, nor be 1 malicious pryeing in his holie 
intentionis and jufle doingis, to referable thofe, who, vewing moft pure and precious jeuell is, dois not 
fo mutche delyte thair eyes with the prefence thairof, as exercife thair curiofitie to efpy tafches 2 in 
thame.] For God, having, as it dois weill appeir, decreed in his eternall wifdome, to appoynt oure 
King to be the inftrument of more happines to this He, nor 3 in oure wilhes we duift haue requyred : 
knowing, that the wonders of his prcferuatioun, and of the happines of his moft rare, moft excellent, 
and moft difficill actionis, fould mak his Maieftie more auguft and venerabill, it fall be eafie to any 
man, who fall with ane honeft mynd and vripartiall ey, confider the courfe of his yeiris, manifeftlie to 
remark, that it hes bene ane contineuall exercife of perfyte virtue, beautified with the ouercumming of 
all fuche difficulties as the wifdome and courage of man could foircaft ; and whan the dangeris did ex 
ceed that meafour, than did God Vifiblie interpone the ftrenth of his owhe hand, as the pledge of his 
loue, and proUf of his caire, not to fuffer a King, fo neceflar for the Chriftian worlde, to be ouer fud- 
denlie tranflated thairfra, to thofe bliffingis, whilk in end he hes prepared for him, amang his moft deir 
Elect. Bot to deduce the abrege of his lyfe to the owne right ordour, we muft acknowledge, that it 
pleefed God, in his eternall wifdome, to affigne the meanis of his convoy vnto this worlde, to be the 
happie conjunctioun of two of the moft nobill, beautifull, and hopefull Princes, who at that tyme wer 
to be fund vpoun earth ; 4 thefucek 5 whairof, being forefene be the Devill, in his viperous wifdome, to 

1 Than by. * Flaws, blemishes. Old Fr. tasche. 3 Than. 4 Henry Darnley and Mary Stewart, 

Queen of Scots. * Success. 



160 CRIMINAL TRIALS. A.D. 1611. 

be the ouerthrow of his kingdome, in this He, 1 he did ftir yp mfaithfull fubiectis to be inftruraentis of 
fo terribill tempeflis and deidlie flormes, that his Maiefteis lyfe wes, in his motheris wombe, reduced 
fo neir to the durris of the death, as the tender and moil delicat flay of that faire excellent lady, be 
the accurfed poyntis of the crewall daguers of hir faithles treafonabill fubjectis, Murtliouring in hir 
owne prefence ane of hir feruandis ;* hot as hir courage, furpafflng the imbecillitie of hir fexe, and 
onercumming her dangeris, did offer this ritche prefent to the worlde, in the yeir of God 1566 
whairbye, his Royall parentis, hauing confaued fo extraordinarie joy, as thay did arcompt it to be the 
perfectioun of thair eartlilie felicitie. God, who will not fuffer thofe who he hes deftinat 3 to ane more 
bappie habitatioun, to ahull- thame fe!6s with the delytis of the vayne fchaddowes of this lyfe, fuffered 
the hellifh complottis of damned fubiectis, fo far to prevaile aganis thame, as the Tenuous actionis of 
the King his father, being interrupted be that mofl execrabill Tragedie, practifed and performed be 
that infamous and never-aneuch abhorred traitour, Sothuell, aganis his lyffe. The contageous ex- 
ampill of that vnnaturall Treafoun, did fo infect the mynd of ane great number of hir Maiefleis power- 
full fubiectis, that thay wer not afrayd to ryfe in oppin rebellioun aganis hir, lay violent handis vpoun 
hir facred perfoun, confyned hir libertie within the miferabill boundis of the wylde and vnwholfome 
Craig of Loc/ilerin, force hir to the abdication!! of hir Royaltie ; and whan, as the dexteritie of hir cou 
rageous devyfe, faithfullie aflifted be fum of hir vncorrupted fubiectis, had fred hir furth of that 
miferabill bondage, hir rebellis did fnddanlie afiembill thair forceis, and in oppin Battell, ouerthrowing 
that number of dewtifull fubiectis who did affift hir, did fo maliciouflie purfue that rictorie, as fcho 
could noclit find in the whole boundis of that lairge Kingdome, which was hir natiue inheritance, 
ane place of faif retrait ; wharby hir hard deftinie, dryving hir to feik refuge in England, fche found 
be effectis, that ' incidit in Scyllam cupiens vitare Caribdim,' not enioyeing in it hir libertie one 
houre, during the whole fpace of eighten yeiris of hir lyfe fpent in that Kingdom. Bot thefe afflic- 
tionis of hir lyfe, did fa ftrengthen hir mynd aganis the terrouris of death, and prepaire hir fo happelie 
for the entrance to ane better lyfe, that whan the cataftrophe of hir miferies brocht hir to reffaue death, 
efter ane manner fo rare and vnaccuftomabill to ane Princefie of hir birth and eftait, as the hardeft 
harted beholders, touched with the ftrangenes of that rigourous exampill, were driven to extreme grief 
and compaffioun ; hir godlie refolution and invincibill courage wes fo conftant, that fcho appeired 
nocht onlie content bot joyful], that God, baveing vfed hir troubles in this lyfe for ane expiatioun 
of hir fumes, had gevin hir fo full afiurance of his mercie and fauour, whairof fcho promeifed to hir 
felf, be the beginning of that dayes paflage, ane molt Miffed and endles fruitioun. Be thir meanes, 
his Maieflie being deftitute of thefe helpes of Royall educatioun, whilk the caire and knoulege of fo 
excellente parentis wald have procured to him, and iianding fubject to the danger of the cruell plottis 
of thofe who, having treafonablie overthrown^ his parentis, could never think thame felf frie of impu- 
nitie for fo vnpardonabill Treafoun, fo long as he, who, befyde the commoun intereft of Princes in the 
pvneifment of vfurpeing Traitoures, wes bund, be dewtie of bloude and nature, to pvnes thofe who 
had vfed fo butcherlie violence aganis the lyves, libertie, and eftate of his parentis. Yit God, in his 
Providence, did fo cairefullie watche over him, as haveing difperfed that tracheourous combination, 
and with progres of tyme turned thair wittis and vapines* of thefe rebellis to wourk aganis vtheris ; 
his Maiefteis lyfe wes not onlie thairby preferved, bot his quarrell wes be thame reuenged. During 
this tyme and thir dangerous paffages, bis Maieflie, growing in graceis and yeiris, and finding his 
real me fo miferablie difordered, as be the ciuill factionis and warris, not onlie the accuftumed barba- 
ritie of the Bordouraris and Hielandmen wes increafied, bot, be infectioun, had fo polluted the whole 
cnntrie with crueltie and duTenfions, that publict factionis, and privat deidlie feidis, did fo difquyet 
everie manis eftait, as thair jakkis, knapfcaes, plait-fleves, and pifloles, wer als ordinar apparrell, to the 
moft. pairt, as thair doublettis and breachis ; becaus, whatever wes the caufe of thair conventionis or 

1 In allusion to the overthrow of the Papal power in Scotland, and the blessings to follow from the Reformation 
of Religion. ' Alluding to the murder of David Rizzio. ' Predestinated. ' Wappinnis ; weapons. 



44 & 9 JAC. VI. CRIMINAL TRIALS. 161 

meittingis, fightis or frayes wes the occafioun of thair departing, not onlie at Parlementis, conven- 
tionis, tryftis, and mercatis, hot lykwayis at Churche-yerdis and Churches, and places appoynted for 
exercifes of Religioun. The purgatioun of fo extraordinar and vniverfall corruptioun, being the tafk 
of his Maiefteis 1 

Bot that which I have ever thoght moft'ftrange and vnnaturall, in all this actioun, is, that efter fo 
many, fo lairge and fenfibill praiffes of his Maiefteis pietie, juftice, clemencie, extended to all the cor- 
naris, and almofl to all the particular 2 perfones of his Kingdorae, fo many fubiectis fould haue bene fund, 
who, in fauour of two men of fo wicked lyfe, fould fo lightlie have regairded, and fo maliciouflie detract 
ed his Maiefteis directionis, gevin for tortouring of Young Auchindrane, and refuting libertie to him felf 
and his father, efter fo many yeiris imprifouement : Never confidering how his Maieftie, being evrie 
way jufte and equitabill, had, in thir menis particular, fo fmall caufe to vfe thame with rigour, that if 
the afpired opinion of his cleir confcience had not certanlie perfuaded him of thair guiltines, he wald 
never have either vexed thair perfones, or reftrained thair liberties, aganis the courfes of ordinar juf 
tice of his kingdome. 

It is foulifh prefumptioun in fubiectis to think, that the Kingis whom God hes chofen as his lieu- 
tenantis, to regne ouer fo great Nationis, fould haue hairtis of no greater excellence than the vul 
gar fort ! If God had not prepaired the hairt of Solomon, in his youth, to command the houris 
child 3 to be devyded betuix hir and fair neighbour who claimed the leving bairne, what Judge in the 
world could certanlie have determined to which of the two the living childe did belong? Whilk ne~ 
vertheles, Salomon, be ane fentence, feming at firft moft cruell and vniuft, did in end moft admirablie 
determine, 4 to the manifeftatioun of the fingular wifdome, whilk God had put in the Kingis hairt. 

When oure King, the trew Salomon of oure aige, and the moft Godlie, wyfe, and learned King 
that ever bure ane Kegall crowne in any Chriftian kingdome, trewelie reprefenting, having fra his owne 
infancie gevin fo extraordinar promiflls of his jugement 5 

THE juft determinatioun of the Proces which did long depend aganis THE LAIRD OF AUCHINDRANE 
and his eldeft fone, having greatlie contented the myndes of manie faithfull fubiectis ; not that thay 
didreioice in the calamitie of Gentilmen of that fort, 6 hot becaus thairby, the juftice of God, in the dif- 
couerie and pvniefment of moft fubtill and dark crymes, was maid manifeft to hard hairted and vnbe- 
leiving peopill; hes alfo buflied many menis pens to fend the report thairof to thair freindis abroad; 
whairin, albeit at firft I did intend to keip filence, and remit the publicatioun of that memorabill ac 
tioun to thofe who wer more curious and fkilful nor myfelf ; yet, calling to my remembrance fum 
notabill circumftances, which, during the incertane event of that procedure, did giue bauldenes to per- 
uerfed peopill, to calumniat the true juftice of his Maiefteis directiones ; which now, to his difierued 
comraendatioun, is approued to the whole worlde ; I have fince thought it my duetie, truelie to informe 
your lordfhip (whom I know to be fo curious and cairefull of no thing as of his Maiefteis honour) of 
the whole fubftance of that perfute, craving your Lo. pardoun, if omitting fum parcellis, fcairce necef- 
farie to be recorded, I fall tak bouldenes, in place thairof, to remark, that in the courfe and progres of 
the moft notabill actionis of his Maiefties lyfe and regne, whairof no Prince's aige and fortune hathe 
ever bene more fertile, his holieft, happieft, and moft jufte intentionis have never bene frie of the bit 
ter fting of calumnious detractaris. 

In this Difcours, I will not follow his methode, qui in medias res nonjecus ac notas auditorem 
rapit, bot ftudie to mak the mater fo plane to your Lo. as poffibill I can, be deductioun of the occa- 
fionis whilk inuolued Auchindranes evill nature, in the laberinth of thefe mifchevous interpryfes, which, 

1 This is left unfinished ; a page is left blank to fill up the rest. * Individual. 3 The well-known story of ' the 
Judgment of Solomon.' Sir Thomas had, in the course of the long digression which he made regarding the King's ' rise 
and progress,' touched on very dangerous ground, and travelled very far out of his way, for the purpose of lavishing the 
most fulsome praise ; being certain that the Letter would be subjected to his Majesty's perusal. 4 Terminate ; result. 
5 Here the scroll again breaks off, and three blank pages are left, for farther digression and flattery. 8 Hank j 

condition in society. 

VOL. III. X 



162 CRIMINAL TRIALS. A.D. 1611. 

be the juftice of God and his Maiefleis inflexibill conllaucie, being broght to light, have ouertlirowne 
his lyfe and fortunes. 

BE birth, he (JOHN MURE OF AUCHINDRANE) wes a Gentilman of wourfchipfull difceivt, fucceid- 
ing to that inheritance, which his predicefiburis in bloude and name bad pofiefled uhnoil foure hundreth 
yeires. By marriage of the dochter of Sir Thomas Kennedie of Barganie, one of the mightielt fub- 
iectia in the cuntrie whair he dwelt, 1 baring increfied the flrenth of his freindfchip and prel'umptiouu 
of his hairt ; and thinking, that no thing could impeid tlie abfolute power of Barganies freindfchip, in 
Carrik, boi.the Erie of Cajflllis how/e, whilk, be ane long difcent of vertuous Nobilmen, for wourthie 
feruices done to tliair Princes and cuntrie, had clillenu-d and reflaued fo lairge recompenfis in landis, 
honouris, and jurifdictionis, as extending tliair branches in all the cornaris of that cuntrie, and keiping 
faithfull dewtie and obedience to tliair Prince, they had, be lawful meanes, obteaned aduantage of ho 
nour and commandement ouer all thair nightbouris ; till of lait, the father of this Erie deceafled, and 
leiving his Tones infantes, thair did not reft of that cheif howfe, any man, abill to menteane the dig* 
nitie and rightes thairof, bot for Sir Thomas Kennedie of Cullayne, brother to the deceafled Erie, and 
vncle and Tntour to this Erie of Caflilis ; whom, vpoune emulation and invie, before mentioned, Auch- 
indrane intended to Murthour : ffor which pourpofe, having aflbciat to him felf nyne or ten weill cho- 

fen compliceis, thay, vpon the day of (January), or thairby, in the yeir of God 1597, come 

to the towne of Maybole, whair the Laird of Cullayne maid than his ordinar refidence, and tryeing 2 
that he wes at (upper in the houfe of (Sir) Thomas Ni/bet, and wes thairfra to go to bed to his owne 
ludgeing; Auchindrane and his complices darned 3 thame felfis in (Sir) Thomas Nifbetis gairdine, 
throw which the Laird of Cullaynes way bay to his owne howfe, and, in his paflage, having delaifched 4 
at him aucht or ten fchot of hagbuttis and piftolettis, in the boundis of ane ftrait allay, yit he being 
faif of any hurt thairwith, and perfaving thame with thair fuourdis, moft cruellie to perfew his lyfe, 
he being alone, (becaus his feruandis, not thinking that any man had reafon to offer him liarme, did 
not attend him,) he was forced for his faiftie to flie ; in which chaice thay did approche him fo neir, 
as he had 1 vndoutedlie bene ouertane and killed, if he had not aduentured to rin afyde and couer him 
felf with the mines of ane decayed houfe, whilk, in refpect of the darknes of the night, they did not 
perfave ; bot ftill followed to his ludgeing, and fearched all the corneris thairof, till the confluence of 
the peopill of the towne 5 reforting, whair thay hard fuche a fray, forced thame to retire. For which 
fchamefull and barbarous attempt, the faid Sir Thomas Kennedie of Cullayne, having focht redrefs be 
law, did thairby dryve Auchindrane in fuche danger of ruyne, as neceflarlie did conftrayne him to 
couer his malice with fchew of repentance : And for fatisfactioun of his bypaft offence, and gadge 6 of 
his future dewtie, to offer his eldeft fone in marriage to Sir Thomas Kennedie's dochter : Whilk, be 
interceflion of freindis, being accepted, and thairefter the marriage accompleiffed, the Laird of Cul 
layne did fo affect the gude of the Laird of Auchindrane and his hovfe, as it was no lefs dere to him 
nor 7 his owne ; confidering, that in thair hopes and wifh.es, it wes to be poflefied be the pofteritie of 
thair conioyned difcentis. 

In which termes, materis continowed, vpoun Cullayne's pairt, faithfullie and in hairt, and vpone 
Auchindranes, in trefonabill profeffionis; whill, 8 be the deceas of Sir Thomas Kennedie of Barganie, 
his fone, Gilbert Kennedie of Barganie, ane young Gentilman of great courage, fucceiding to him, his 
inexperienced youth wes feduced be Auchindrane to beleve, that the tyme wes proper to raife his 
houfe, from the fecund place in the cuntrie to the firft, be the ouerthrow of the Erie of Caffilis houfe ; 
whilk he proponed not to be difficill, for many probabill reafonis : Which, finding approbation, in the 
ambitious mynd of the young Gentilman, all occafionis of haitrent wer fo foftered be feditious inftru- 
mentis on ather fyde, that in fchort tyme the pairties wer broght to fuche profeffion of inimitie, as the 
Laird of Barganie, intending, in contempt of the Erie, to go by his 5et, 9 in his paflage from Aire to 

1 In the Bailiary of Carrick and shire of Ayr. * Ascertaining after enquiry ; discovering. * Concealed ; hid ; 
secreted. Let off; fired. Old Fr. ddaseher. Maybole. 'Pledge. Fr. gage. 'Than. Until. 

* Contemptuously to go past the Earl's gate, without so much as enquiring after his health, he being his Chief, &c. 



44&9JAC. VI. CRIMINAL TRIALS. 163 

.'........, and the Erie, refoluing rather to die nor 1 digeft that publict indignitie ; having bothe 

ftrenthened thame felfis with fuche forceis, as vpon fo fuddane occafioun thay could affembill ; 2 thay 

rencountred vpon the ffeldis, neir the Erleshowfe of , whan ffoure orffyve hundreth men 

entring in flight, it wes verie liklie that the eagernefs of the Cheiffis fould have broght thair peopill to 
great butcherie, if Barganies courage had not carried him fo headlong to the rafche invafioun of the 
Erles peopilJ, lying at cover, vnder the advantage of ditches, as him felf raffaving ane deidlie mufket 
fchot, and Auchindrane, being alfo maid vnhabill to brak his iiorfe, be ane verie dangerous fchot in the 
theigh, thair trowp, wanting leaderis, fled, and left the feld to the Erles better fortune. 

Which, no thing abatting Auchindranes malice, he did not ceafe to ftir vp Thomas Kennedie, bro 
ther to the lait flayne Barganie, to be affiftand to him, in daylie ambufches, for the Erles death ; 
whairin, not prevailling, in refpect of the Erlis power and circumfpectioun ; at laft, Auchindrane, de 
termining rather to ouerthrow honour, promes, confcience, and all baudis of dewtie, nor 3 to mifs fum 
fort of reuenge ; he concludit to Murthour the before named Sir Thomas of Cullayne, ane mater moft 
eafie to be atcheved ; becaus the Gentilman wes, in his ovvne confait, fullie fecured of all parrell fra 
thair factioun, for that he had abfteaned from aflifting his nevew the Erie in his querrell aganis Bar- 
ganie, alfweill becaus he wes godfather to Gilbert Kennedie of Barganie, as that his mother and the 
Erles grandmother be his father, wes ane dochter of the houfe of Barganie : Which refpectis, making 
him exceidinglie to regrait thair vnnaturall inimitie, he thoght it more agreabill to his dewtie to re- 
ferue him felf newtrall, in thir vnhappie difientionis of his kitifinen ; thairby, to watche occafionis and 
referue equall credit and truft of bothe pairties, to be ane inftrument of thair reconciliatioun, nor be his 
kyndnefs to one of his kinfmen, be vnnaturall and vndewtifull to the vther. 

In this eftait, being onlie iutentive to his owne adois, 4 whilk in the moneth of , in the yeir 

of God , 5 did requyre his refort to Edinburghe, thair to confult with his lawers in his wecb- 

tie bufiines ; he fend his feruand to Maybole, to feik Auchindrane, and aduerteis him of his purpofe ; 
with direction, if he miffed him thair, that he fould certifie him, be Letter, of his intended journay ; to 
the -effect Auchindrane might, wpon the nixt day, meit him vpon the way, at ......... and in- 

forme him of any thing he wald wifh him to do for him in Edinburghe, feing it wes bot one travell for 
him to do his freindis buflines and his owne. This feruand of Cullaynes, mifling Auchindrane in 
Maybole, defyred Mr Robert Mure fcholemaijler at Maybole, to wryte ane Letter of that fubftance to 
Auchindrane ; who did fo, and fent it be ane boy of his fchole, called Williame Dalrumpill, who 
finding Auchindrane at his houfe of Auchindrane, with his cufing, Walter Mure of Cloncaird, ane 
deidlie ennemie to the Erie of CaJJillis ; fo fone as he fand him felf certified of Cullaynes pourpofe 
and dyet, he difmiffed the boy, commanding him to returne bak in haift, caireing the Letter with him ; 
directing him farder to fchaw to his maifter and Cullayne's man, that he had not fund him at his howfe : 
And immediatlie thairefter, refolued with his cufing Cloncaird, that this occafioun of reuenge of Bar 
ganies Slauchter, be Cullaynes Murthour, wes nocht to be oneflipped : And, efter fum deliberatioun, 
concluded vpon the choife of the actouris, and nraner of the execution ; making aduerteifment thairof, 
alfweill by Letter fent to Thomas Kennedie of Drumvrquhie, be Makadam, futeman to Young Auch 
indrane, as by meflage to Cloncairde ; who, finding Thomas moft reddie to embrace that opportunitie, 
the faid Thomas Kennedie, Walter Mure of Cloncaird, and foure or fyve feruandis with thame, weill 
airmed and horfed, convoyeing thame felfis neir the way appoynted be Cullaynes Letter, for his meit- 
tjng with Auchindrane, did ly at await, till Cullaynes by-cumming ; who, being in full fecuritie of his 
dangerles eftait, ryding vpoun ane paifllng naig, 6 and having with him ane feruand onlie, thay fudden- 
lie furpryfed him, and with thair piftoles and fuourdis gaue him ane number of deedlie woundis : 

1 Than. * See a full account of these proceedings in ' THE HISTORIE OF THE KENNEDYIS ' before referred to 

and also ORIGINAL PAPERS in this Appendix. 3 Rather than be deprived of some sort of revenge against the name 
of Kennedy. 4 Affairs ; concerns. s llth May, 1602. 6 A pacing, ambling nag ; a hackney, for his jour 

ney ; not a swift and powerful horse, by which he might possibly have escaped. See ' The Historic of the Kennedyis.' 



CRIMINAL TRIALS. A.D. 1611. 

And, nocht content to haue fo barbarouflie and traitrouflie bereft him of his lyfe, fpoyled him of ane 
thowfand merk of gold, being in his purfe, ane number of golden buttonis vpon his coat, and fum ringis 
and vther jouallis : For the which villanous fact, the actuall Mourthottraris being firft outlawed and 
thairefter fForfalted, and Auchindrane, vpoun vehement prefumptionis of his devyfe and caufing exe 
cute fo execrabill ane cryme, being fummond to vnderly the law, did bouldlie compeir : And feing that 
the perfewaris, for want of fufficient evidences, wer not than to aduenture his Tryell, fearing that 
he might be clenged, 1 and fo, perpetuallie fred of that cryme ; whan he faw them adiourne thair 
perfute, he feemed greived thairat, as bragging exceidinglie of his innocencie, whairof he had gevin 
pruif, be offering him felf to tryell of law, if thair wer within the kingdome any man of Cullaynes 
kinred or freindfchip, who wald advow 8 him any wayes participant of the devyfe or executioun of that 
Murthour, he wald reddelie offer him felf in that querrell to the tryell of COMBAT to the death: And fo, 
wanting ane pairtie, 3 wes difmifled ; more frie, in the perfuafioun of the moft pairt of fuche as wer prefent, 
nor in his owne confcience, whilk giveing him many alarmes, that fo long as Dalrumpill, who wes carrier 
of the Letter, wes within the cuntrie, the mater might be difcouered be him. Heiring that Young Cul- 
layne, fone to Sir Thomas Kennedie, had begun to try him verie rudelie, Auchindrane drew Dalrumpill to 
his houfe, and keiped him cloife, be the fpace of nyne or ten onlkis; 4 whairwith the boy weireing ex 
ceidinglie, he font him thairefter to tfie IleofArrane, to the Laird of Skelmurlie, 5 his great freind, will 
ing him to keip him as ane boy of Thomas Kennedie of Drumvrquhies : Whair he being reffaued and 
reteaned ane long fpace, the boy, finding him felf neglected and vnprovyded of many necefiaris, re 
turned to Munctoun, to the houfe of ane vncle of his owne ; 6 which came no foner to Auchindranes 
knouledge, bot incontinent he fent for him to his houfe of Auchindrane, whair he of new kept him cloife, 
whill, be paction with ane of his coufingis, called James Mure of fleet, he fend him to Leith, to be 
tranfported to the Low-cuntries, to ferve as ane fodgeour in the Lord Balcleuchis Regiment;' 1 hoping that 
he might aither thair end his life, be fuche accidentis as daylie befallis to fouldiouris, or at leafl be fe- 
cure from djfcouerie or perfute of fuche as he did (land in feare off. But whan the fenfeles blindnes 
of his confcience had gevin fentence of perpetuall fecuritie to him from all difcouerie of his abominabill 
tranfgreffioun, in refpecl of Dalrumpillis abfence, be the fpace of fy ve or fax yeiris ; the ey of Goddis 
juflice, whilk never fleipis, convoyed him back to Aire, the place of his natiuetie, whar, having onlie 
flayed with his mother and fifter ane night or two, he did addrefs himfelf to Auchindrane, who, aduer- 
teifed of his returning, and thairby flinged with fearfull tormentis of confcience, he tuke ordour for 
Dalrumpillis flay in the howfe of his feruand, Walter Mure of Glenheid: And the nixt day, in the 
afternone, being the .... day of September, in the yeir of God . . . ., 8 he fend his houfhald fer 
uand, James Cuninghame, to bring him to him ; and rencountering with thame, in his way from his 
howfe of Auchindrane to ane vther howfe of his, called Ballachtowle? him felf and his fone, Young 
Auchindrane, had conference with Dalrumpill ane great pairt of the way, till they came neir the Houfe 
of Chapeldonan, 10 perteaining, by inheritance, to Auchindrane, and poffefTed be his tennent and allye, 11 
James Bannatyne, with whom thay left that night Williame Dalrumpill, calling him be ane changed 
name, Williame Montgomerie :' Whair he flayed all the next day, whill, be directioun of Auld Auch 
indrane, James Bannatyne did bring Dalrumpill, about ten a clok in the night, to the Sands of Gir- 
van, whair Johne Mure, elder of Anchindrane, and James Mure, younger of Auchindrane, wer attend 
ing 1 * thair cuming : At meitting, Auld Auchindrane begane to declaire to his man Bannalyne that he 

1 Literally cleansed ; acquitted. * Avow; openly challenge. s Pursuer or prosecutor. 4 Weeks. s Sir 
Robert Montgomery. He married Margaret, eldest daughter of the Laird of Drumlanrig, Sir William Douglas. 
* It cannot be traced who this individual was. : SIR WALTER SCOTT, who raised a regiment of his name, and 

served in the Wars of Maurice, Prince of Orange, against the Spaniards. For his singular merit and services, he was, 
Mar. 16, 1606, created Lord Scott of Buccleuch, being the first person of that celebrated Family who had been en 
nobled. His son, Walter, second Lord Scott of Buccleucb, also commanded a Regiment in the service of the States 
of Holland, and was created Earl of Buccleuch, Lord Whitchester, and Eskdale, Mar. 16, 1619. * 1607. 

' Situated near Girvan. 10 Situated about a mile and a half from Girvan, on the sea-shore. " ' Kinnisman 

to hia wyfe' is deleted, and < allye' interlined. Waiting. Fr. attendre. 



44&9JAC. VI. CRIMINAL TRIALS. 165 

had bene in perpetuall feare, fince Cullaynes Slaughter, to be difcouered as guiltie thairof ; that for 
efchewing that danger, he had fent furth of the cuntrie this Dalrumpill, who broght to him the Letter 
of aduerteifment of Cullaynes dyet ; and whan as he had materis at that poynt, as be his trauelis, 1 
Young Cullayne and Thomas Kennedie wer maid to allow of the conditionis whilk he had fet downe 
for reconciliatioun of thair querrell, for the Murthour of Cullaynes father, this man wes vnhappelie 
returned, be whom his whole devyfe wald be difapoynted, and his danger renewed. That he faw no 
remeid hot to red Dalrumpill furth of this lyfe, fince he could not vtherwayes be kept out of his way. 
Whairvnto Bannatyne making anfuer, that it wes ane cruel pourpofe to Murthour the poure innocent 
youth, fpeciallie feing thay might fend him to Ireland, to be faiflie keiped thair, till the agrieance wes 
perfytted betuix Cullayne and Drumvrquhie : Auld Auchindrane femed to inclyne fumwhat to that 
expedient ; and in the uncertaintie of his refolution, turning towardis the pairt whar his fone ftuid, of 
pourpofe, as appeired, to have confulted with him, Young Auchindrane perfaved thame no foner (draw) 
neir, bot, thairby afluring himfelf of thair afliftance, in executioun of that whilk his father and he had 
formerlie concluded, he did violentlie inuade Dalrumpill, rufhed him to the ground, and never left him 
till, helped by his father, with his handis and kneis he had ftrangled him. And then, thinking to have 
buried him in the Sandis, whirby no mark fould remayne 2 whilk might raife any fufpicion of his 
Murthour, in that place, thay preafled to mak vfe of ane fpead and fchoule whilk Young Auchindrane 
had broght with him for the pourpofe ; bot finding that no hole wes foner caffin be thame in the Sand, 
bot wes alfone filled agane with the water and fandthat fchot in it, thay wer forced, efterlang travell, 
to draw him in the fea, alsfar as they durft wade, hoping that ane vtterlie wind 3 fould carie his deid 
corps to the Coaft of Ireland: Whilk not fucceiding according to thair expectatioun, the corps flaying 
all the nixt day in the verie place whar they left it, they pafled that day in meruelous anxietie, for feir 
of difcouerie ; till the nixt night, fearcheing the corps to have buried it, they could not, be any fearche, 
find it, becaus the winde had carried it to the Sea, whair it wes tofled continouallie be the fpace of 
fyve nychtis, till the Fryday following, that God, deineing (deigning) to vfe that meane, for manifefla- 
tioun of thair hid iniquities, broght Dalrumpilis corps bak to the verie place whair, fex or feven dayis 
before, he had been Murthoured : Whilk being perfaved be fum cuntrie peopill, the corps wes cairied 
be thame to the nixt Churche yaird, and thair buried. 

Bot the report of fo ftrange ane accident, having raifed fufpicion in the Erie of CaJJllis and fum of 
his friendis, who had heard of Dalrumpilis returning in the cuntrie, that it might be he had pairt in 
that turne, it wes thoght fit be the Erie and dyueris of the Miniftrie 4 of that boundis, that intimation 
fould publictlie be maid in Aire, being the heid burgh of the fchyre, and at the Paroche-Kirkis to 
landward, that fuche ane corps, being fund deid vpoun the coaft, wes to be fene at the Churche of 
Girvan. Whilk being accordinglie publeiffed, the corps wes raifed, and amongs vtheris, fighted be 
Dalrumpils mother and \nsjffier, who efter diligent confideration of the proportion and markis of his 
bodie, affured thamefelfis and vtheris, that he wes the mourthoured man ! The opinion of Auchin- 
dranes guiltines of that Murthour becam fo vniuerfall, as it began to be talked of amongis his owne 
feruandis and in his owne houfe, and thairby himfelf, his fone, and thair man Bannatyne, fo confufed, 
as thay knew not how to cleir thaime felf of that vylde imputation ; till going to Aire, and meitting 
with James Dalrumpill, 5 cufing germane to Young Auchindrane, by his mother, he did informe 
thame of the fchamefull opinion wes had of thair guiltines of that foule Murthour ; advyfing thame, 
that feing it wes not faif for thame, to offer thame felfis to the Tryell of Law, for ane Murthour, whairof 
all men thoght thame fo guiltie ; and if thay, being challenged be the Erie of Cqffillis, fould be fugi- 
tiue for fo haynous a cryme, thair freindis could not with credit do for thame. 6 It was fitter, that 
they fould kill Hew Kennedie of Garriehorn, fervant to the Erie of Caffillis, for dyueris proba- 

1 Pains ; trouble. * By burying him within the flood-mark ; so that, on the reflux of the tide, all marks of 

the struggle and foot-marks, &c. might be effaced. s An off-shore or outward wind. 4 Clergy ; Ministers. 

s ' Sisteris sone to the Lady Auchindrane, and so cusing,' deleted. 6 Support or maintain them, while fugitive. 



166 CRIMINAL TRIALS. A.D. 1611. 

bill querrellis wbilk thay had againft him : Whairof tlie occafion did prefentlie offer, in refpect of 
his being fmgill l in Aire; whilk being done, thay might ever pretend, that the danger of that cryrae, 
and feir of the rigour of the Erie, wes the onlie caus for the whilk thay wer fugitiue I In whilk caice, 
nevertheles, thair freindis might, without reproche, do for thame ; becaus, albeit the fact wes vnlau- 
full, it wes not diihoneft, fince it proceided vpoun profefled querrelis, and might be done publictlie ; 
and fo, thay be fugitiue, without infamie I They prefentlie imbrafed the expedient, and provyding 
thame felfis of pifloles and vther airmour, thay invaided Gariehorne, 2 fchott thair pifloles, and vfed 
all vther meanes to have killed him. Bot finding, that it wes ane mater more difficill, to ouirthrow 
ane gentilman, airmed with gude courage, in ane la u full defenfe, nor 3 to Murthour innocent men, 
voyde of apprehenfion of danger and meanes of defence, all that thay reported of that inuafion, wea 
ane hurt of Young Auchindrane in his right hand, whairby he became almofl lame of it. 

Be this new iniurie, THE ERLE OF CASSILLIS perfaving that thair lyves wald end, before thair ma 
lice aganis him fould diminiih, he refolned to flrengthen him felf be all fuche aduantage as Law fould 
giue him ; and having chalenged thame bothe for the Murthour of Dalrympill, and for the Inuafioun of 
his feruand witli prohibit vapinis, 4 thay go to the home ; s profcflingalwayes, that if thair vfing pifloles 
aganis Gariehome might be remitted to thame, thay wald ever be reddie to enter and abyde Tryell of 
Dalrumpillis MurtJiour. Bot his Maieflie, being trewlie informed of thir proceedingis, efter ferious 
confideratioun of the circumflances, than confaued fo conflant ane opinion of Auchindrane and his 
fones guiltines of Dalrumpillis Murthour, that he aflured him felff, that if thay wer tane and dewlie 
examined, thay wald vndoutedlie be brocht to confefs it. And thairbye, infpyred with his accuflomed 
zeale to juftice, gave fecret Commiffioun to the Erie of Abercorne, that he wald not omit ony occafion 
to apprehend thofe fufpected perfonis ; whairin the Erles diligence had fo gud fucces, that within 
fchort fpace, he did rencounter and tak Auld Auchindrane, and enter him prifoner in the Towbuith 
of Edinburgh ; whairof, hes fone had no foner knouledge, hot imagining with him felf, that it wer 
eafie for his father and him felf to conceall thair crymes, be obftinat fecrecie, if Bannatyne fould not 
be broght,*by examination and confrontation, to reueale the treuth and difcredit thair denyall ; he in- 
flantly raid to JSallintrae, whair Bannatyne wes for the tyme, perfuaded him, for all thair faifties, to 
retire to Ireland ; provyded and furneifled him with victuallis and necefTaris, anebot 6 for his tranfport, 
recommended him, by his Letteris, to his vncle Thomas Kennedic of Drumvrquhie,' 1 gave him affu- 
rance that be his abfence, he fould not tak any proffeit of the land quhilk he had of thame, nor no vther 
help, whil thay wer abill to mak to him. And beBannatynes remove, becum'mg confident, did fufpend his 
Horningis, be cautioun for his compeirance to vnderly law ; defyring no thing fo muche as that he might 
be precipitatlie put to ane Aflyfe ; vpon hope, that the lak of verification, in ane mater fo clandeftine and 
obfcure, and the affiftance of his great and gude freindis, fould procure to him vndouted abfoluitour ; 8 
and thairby, being frie of all dangeris of law, wald be more abill to procure his ffatheris libertie and de- 
claratioun of his innocencie. Bot, being anis entered, examined, and vpon great caution 9 lett to libertie, 
and thairefter his cautioner chairged to re-enter him, he, remitting no jote of his former confidence, 
compeired the dayappoynted, and being than re-examinat, and be the commendabill indultrie of my Lord 
Chancelar, and vtheris of the Counfall, appoynted for his Tryall, drawne in fum materiall contrarietie ; 
vpoun fignification thairof to his Maieflie, directioun wes returned, that not onlie he fould be reteaned, 
bot if he wer obflinat, fould be coerced, be Tortour, to difcouer the trewth ! Whilk being accordingly 
performed, be thofe of his Maieflies Counfall, to whois fecrecie and faith that chairge wes committed ; 
the Young Auchindrane, pairtlie confirmed be the flrenth of his great courage, vnhappelie beflowed in 

1 Single ; unaccompanied. Hew Kennedie of Garieborne, called in the Act of Secret Council, Feb. 5, 1602, 

' The Guidma* of the Ballot,' probably from being Lessee or tacksman of that farm. Than. 4 Wappinnis, 

weapons, which were by Act of Parliament prohibited from being used by private gentlemen, excepting in his Majes 
ty's service. * Permit themselves to be denounced rebels and put to the horn, by virtue of Letters of Horning 
passing under the Signet, rather than present themselves for trial, as was previously arranged. ' Boat. 
7 One of the forfeited murderers of Sir Thomas Kennedy. Acquittal. Lat. absokere. * Bail ; security. 



44&9JAC. VI. CRIMINAL TRIALS. 



167 



pruiffis of that kynd, and pairtlie be the craftie advyfes and aduerteifments of his fFather, convoyed to 
him be the counfile of fum thair welwillaris, who tuke the advantage of the caireleflh.es of thair keip- 
aris ; he did endure the extremitie of that infufferabill torment, with fuche conftancie, that whairas it 
wes hoped that the veritie of the accufation and extremitie of payne fould have forced him to ane trew 
Confeffioun, the event proved fo far contrarie, as he refoluing, with filence, and fouffrance of ane 
fchort payne, to redeine his libertie, and to adde the hope of many yeiris to his lyfe. 

The moil pairt of thofe who hard of the event of that Tryall, the forme whairof wes muche mif- 
lyked, did confaue fo conftant opinion of his innocencie, as not onlie the vulgar fort did publeis the 
fame, and regrait the extraordinar rigour vfed aganis him, bot fum Nobilmen and Counfallouris did 
affift his Supplicationis for his libertie, alledgeing many reafonis, why, with reafon, it could not be re- 
fufed him : That ane man of his birth and qualitie had reffaued hard aneuch meafour, being put to 
Tortour for ane cryme whilk nather did concerne his Maiefties perfone nor eftait, albeit, efter fo gude 
pruif of his innocencie, be bis fingular conftancie in fuffering that tryell ; whilk no thing could have re- 
fifted, bot the integritie of ane vnfpotted confcience ; he fould not be ouercharged with ane fecund op- 
preffioun, in denying to him his natiue and laufull libertie ; fince he did offer aither to vndergo pre- 
fent tryell, or, if his ennemies did rather chufe, to prorogat it to ane tyme more fit for thame, he wes 
content to find caution, not vnder the pane of ane thoufand merkis prefcryved be Act of Parlement to 
ane man of his eftait, bot, for removing of all fcruple of his not compeirance, he fould bind his freindis 
vnder the payne of Twentie Thoufand poundis for his re-entrie, whanfoever he fould be chairged to that 
effect : Which wes fo oft requyred and vehementlie preaffed, that my Lord Chancellar, ouercum with 
the continouall importunitie of Young Auchindranes favouraris, did yeild, that aduerteifment fould go 
from the Counfall to HIS MAIESTIE, of Auchindranes fate, and of the inclination of ane great pairt of 
the Counfall to yeild to the fam. Whairwith, his Maieftie, no whit diverted from his former refolu- 
tion, fignified his pleafour to be, that in no caice, nor vpoun no condicioun, he fould have ony libertie ; 
being refolved in his confcience, that he wes moft guiltie of that Mourthour ; and that God, in his 
juftice and appoynted tyrne, wald manifeft the fam : Whairby, my Lord Chancellar, ftrenthened be 
the exprefs Warrand of his Maiefties directioun, proceiding of his Royall motiue and certain knou- 
ledge, did fo. dewlie obey his Maiefties command, that many tymes thairefter, whan the moft pairt of 
the Counfall, abufed with vntrew probabilities, and inclining to muche prepofterous pitie, did preafs 
that Young Auchindranes Supplicatioun might be red and refaue anfueir from the Counfall, be the 
voices of the moft pairt of thofe who wer prefent, according to the inftitution thairof and cuftume in- 
violablie obferued. 

My Lord Chancelar, perfaving, be thair vttering of thais preconfaued opinions, that be pluralitie of 
voces it wald be ordaned that libertie fould be granted to Auehindrane, vpoun caution, vnder great 
fowmes for his re-entrie whan he fould be chairged ; did oppone to thair opinioun, grounded vpon the 
vfuall forme of that judicatour, his Maiefties expres commandement, proceiding from his abfolute 
Royall power, whilk he wald never bring in queftioun, fince no inan could deny that his Maieftie, 
vpon caufes knowne to him felf, might commit and reteane in wairde any of his fubiectis, who in his 
confcience he knew to diflerue the fam ; and that it wes prefumption to his fubjectis, fpeciallie Coun 
fallouris, any wayes to conteft in that poynt, efter his Maiefties laufull pleafour fo oft and fo ex- 
preflie declaired. 

My nobill Lord, it wer heir verie eafie for me to juftifie the courfe of HIS MAIESTIES proceiding in 
this particular, and not onlie refute the popular errour of the prefumptuous multitude, bot alfo, with 
infallibill reafonis, to condemn the vntymous pitie of fum of better fort, nather remembring the obli- 
gatioun of thair place, nor the pruiffis of fo many bypaft accidentis, whairin his Maieftie, voyde of all 
paffioun and particular, 1 and onlie moved by confcience, and loue of juftice, had fum what diuerted from 
1 Partiality ; bias, or leaning to the quarrel or cause of either of the parties. 



168 CRIMINAL TRIALS. A.D. 1611. 

the common patbe of ordinar Juftice, without refpect to popular murmour ; fo let the world to fie, in 
end, be his moll notabill conclufionis, how his purpofes, tending to vnpartiall Juftice, wer affifted be 
the fanour of God, and be heavenlie infpirationis, conducted to endis, confortabill, and almoft miracu 
lous ! Dot, becaus I falbe more abill perfillie to performe that pairt, whan in the end of this actioun I 
falbe ftrengthened be the credit of ane faithfull and confcionabill Afiyfe, and muche more be the Con- 
fefiioun of the pairties, extorted be the power and Prouidence of God, I will referue it that place ; and 
following furth the courfe of this Narratiue, fubioyne thairto the Judicial Procedure and Sentence, 
whilk was never thoght to be in the way of any probabill expectatioun, till the Erie of Abercorne, by 
fecret and inftant dealling with fum of his freindis in Ireland, fand ineanis to tak James Bannatyne, 
and bring him to Scotland, to his howfe of Paiflay ; whair Bannatyne, efter the reherfall of all that 
Tragedie of Dalrumpills Murlhour, having i'ubioyned the maner of his owne taking, whairin he feim- 
ed to acclame fum promeis, maid for the faiftie of his lyfe : The Erie did forthwith judge that deall 
ing, fo contrare to his honour and his Maiefties intention, as he inftantlie afiured Bannatyne, that he 
never did intend to have him vpon any futcbe conditionis. Bot being vnwilling that whan he fould 
be prefented to Juftice, he fould reproche to him the brek of condicion maid be any whom he had im- 
ployed for his apprehenfioun, whairby the heararis might tak libertie, aither to beleve or not beleve 
Bannatyne's affirmatioun, and thairby bring his honour in queftion ; he gaue to him libertie to go frie 
out of his houfe, with aflurance, that for the fpace of ten dayes he fould be vnpurfewed be him or any 
of his, geving him fpace to provyde for his faiftie, aither within this realme, or be removing furth 
thairof ; adnerteifing him thairwithall, that that terme being expyred, he wald beftow his owne travels 
and the affiftance of all the friendis he had in the world to apprehend him, whairever he might be had, 
either quick or dead I So Bannatyne, being left to ane bodelie libertie, whilk neuer fred him of terrour 
of confcience, and fear of death, alfwell in refpect of the fuorde of his Maiefteis Juftice hanging aboue 
his head, as that endles perfute, whilk he knew the Erie of Abercorne did intend agaiiift him ; hot 
moft of all, in refpect of his knouledge, that Auchindrane had, of lait, devyfed and practeifed many 
meanes to caufe Murthour him in Ireland, thairby to prevent the danger quhilk Bannatynes Confefiioun 
might bring vpon him, if, be falling in the Erie of Abercornes handis, he fould have bene broght to 
Ed r , examined and confronted with him and his fone : Being alfo informed, that whan Young Auch- 
indrane caufed deale with the Erie of Dumbar for his libertie, he had offered that his cautioneris Could 
bring Bannatyne in, aither quick or deid f The Erie had verie judiciouflie anfuered, that he did well 
believe that Young Auchindrane, being frie, wald vnfaynedlie do his beft to bring in Bannatynes head, 
whairof for his pairt he wald be forie, as lofing ane of the beft meanis of the difcouerie of thair gnilti- 
nes, whairof he in his confcience wes refolued I Thir confiderationis did force Bannatyne to proftrat 
him felf at the Counfals feit, offering him felf, without any condition, to reveill the whole treuth of 
that Murthour, and to verifie all that he fould fay in Auchindrane and his fonis fare; hoping, be the 
affiftance of Gods gude Spirit, to bring thame to ane Confeffioun of that vndenyabill treuth ; onlie 
craiving, that if the Counfall fand him trew in all his fpeachis, and to be ane meanes to difcouer the 
wickednes of thefe men, who, having drawn him vnhappelie in the participation of thair mifchief, had 
fo ingratelie and wickedlie devyfed to Murthour him felf, thar Lordfchips wald be pleafed to recom 
mend him to the Kingis mercie, whois pleafour he fould joyfnllie fulfill, wer it in his lyfe or in his 
death I 

He wes commanded to mak ane trew Narration of tJie maner of Dalrumpils death ; whilk being 
writt be the Clerk of Counfall, and Auld Auchindrane broght in and examined and confronted with 
him, and being contrare to him in all the poyntisof his Depofitioun ; affermingimpudentlie, that Banna 
tyne wes (educed and conduced be bis vnfreindis(ewewiies), for defyre of his lyfe and landis, to avow thefe 
vntreuthis vpon him. Thay wer fo directlie oppofite to vtheris, as Auchindrane appeired more craftie 
and Bannatyne more fimple and trew in his Depofition ; hot bothe of thame fo confident, that not 



44&9JAC. VI. CRIMINAL TRIALS. 169 

onlie evrie ane of thame menteaned thair owne Declaratione ; hot whare as Bannatyne had proftrat 
him felf vpon his kneis, and directing his eyes and handis to Heaven, had, with tearis, exhorted Auch- 
indrane ' to have remorfe of his great wickednes, and to confes that Murthour, whilk God wald not 
fuffer him any longer to conceale ! Alluring him, that if he had bene innocent of that cryme, all the 
land of the Kindome, 36 l the faiftie of his owne lyfe, fould never haue perfuaded them (him) to pre 
judge his maifter, who he had fo deirlie loved and followed in many dangeris, whairin he had ad- 
uentured his lyfe and eftait, without feir or refpect of the bell fubiectis in the cuntrie.' AUCHINDRANE 
anfuered, that ' he hoped God wald nocht fo reiect him, as to permit him to confefs fo infamous vn- 
trewth of him felf, and douted not hot God wald move Bannatyne to beir witnes to his innocencie, 
and how, be what perfones and meanes, he had been feduced falflie to accufe him 1' 

Whairby, the Counfall, being broght in admiration 2 of fo great obftinacie, and hopeing that the fone, 
being confronted with Bannatyne, might be fund perhappis lefs confident : When thay wer broght in 
thair prefence, and examined, confronted, re-examined, and tryed, be all the beft meanes that the expe 
rience or jugement of wyfe and well affected Counfulouris could affurd ; nothing wes hard hot direct 
contrarieties, confidentlie confirmed be execrabill oathes ! So dyueris whole dayes being fpent in Exa 
mination of thefe pairties, and many Witnefles who wer thoght ony wayes abill to furneis light to this 
obfcure caice. 

At laft, whan no hope of any farder difcouerie wes expected, THE LORDIS OF SECREIT COUNSALL 
concluded, that vpoun the .... day of July inftant, thefe perfones fould be put to thair TRYALL : And 
for that pourpofe caufed Summond ane fufficient number of Gentilmen of gud report, to pas vpon thair 
ASSYSE ; and did lykwayes appoynt my Lords Prefident, 3 Secretar, 4 Juftice Clark, 5 Meidhop, 6 Kil- 
fyth, 7 and Wrightifland, 8 to be ASSESSOURIS to the Juftice in this fingular caufe, whairin the inclina 
tion of the peopell wes fo fauorabill to Auchindrane and his fone, that verie many did allege, that it 
wes requifit that Bannatyne fould be firft put to an Aflyfe ; and being convict, as of neceflitie he beho- 
ued to be, in refpect of his owne Confeffioun, and Execute to the death, as he had well deflerved ; his 
conftant ratification vpon the fcafiald of his former Depofitionis, and feilling the fame with his bloude, 
at his death, might than put thame in fum opinion of Auchindrane 's guiltines, whairof vtherwayes thay 
had never fene any appeirance. Bot the Lordis of Counfall, thinking it more agreabill to reafon, that 9 

[thofe ?] who wer thoght all guiltie of ane fact, fould go to ane com [mon Affife ?] 

and that the gentilmen of Aflyfe, whois confciences [might ?] fufteane the chairge of the 

Judgement to be gevin in fo we [ightie ?"] a caufe, fould have all the thrie Defendaris at ones 

in thair prefence, that fo thairby thay might be refolued of whatfoever thay fould think fit to demand 
of thame. Thair Lordfchipis followed thair firft ordonnance, and vpon the faid [17 th ] day of Julie, 
efter ellevin a clok, cumming to the ordinar place of Jugement, did caufe bring the Defendaris from 
thair feueral prifonis to the bar, whair Sir Thomas Hamilton of Byres, Knight, his Maiefties Aduocat, 
compeiring as perfewar, did exhibit ane DITTAY aganis the faidis Defendaris, defyring my LORD JUS 
TICE to put thame to the Tryall of ane Affyfe ; who, intending no wayes to preiudge the Defendaris of 
the benefite of Law, gave to thame libertie to name thofe whom thay defyred to be forefpeakeris I0 for 
thame in thair defence ; who naming u [' Mr Johne Ruflell, Aduocat, Mr Thomas Nicolfone, Aduo 
cat, and Jofephe Myller, Aduocat,'] thay wer prefentlie called be thair names ; and having accepted 
vpon thame the Defenfe of the Lairdis of Auchindrane, elder and younger, the Dittay wes oppinlie 
red in jugement : Agani which James Bannatyne did not oppone any thing ; bot declaired, that as he 
wald not vfe any defence *vhy this mater fould nocht pas to the knouledge of an Aflyfe ; fo when the 

1 Yea. * Astonishment. * Sir John Preston of Fenton-barns, President of the Court of Session. 4 Sir 

Alexander Hay. & Sir John Cockburn of Ormiston. 6 Sir Alexander Drummond, an Extraordinary 

Lord of Session. 7 Sir William Levingston, an Extraordinary Lord of Session. 8 Sir Lewis Craig. 

9 The MS. torn at this and the following places, which the Editor has supplied from conjecture, within brackets. 

10 Counsel, or Prelocutors. u Left blank. The names within brackets are taken from the Record. 

VOL. III. Y 



170 CRIMINAL TRIALS. A.D. 1611. 

Ailyle I'mild be chofen, he fuld mak thair burding light, granting in thair prefence fo muche of the 
Dittay as concerned him, albeit he tuke God to witnes, that he wes the maid innocent of the thrie. 

Thairefter M 1 ^ Johne Iluiii-ll and Thomas Nicolfoun, having exponed to my Lord Juftice the 
groundis of the caufe, the qualitie of the Deft-miens meriting fauour and refpect, the rigour vfed aganis 
thame in thair lang captiuitie, and extraordinar Tortour of the young man, did craive, that thay might 
hare the benefit e of law, whilk allowed to the Defendaris citatioun vpoun fiftene dayes wairning ; 
whairby, reflkving the Copie of the Summondis, containing the Inditement to the whilk thay wer to 
anfuer, thay might, be that fpace, be advyfit of thair wyfe freindis and learned Counfall, to prepair 
thair jufte Defends. Whairvnto it wes an furred, be his Maiefties Aduocat, that thair defyre could 
not be granted in this caufe, be reafoun, the crymes whairof thay wer to be accufed wer treafonabill ; 
Mi which caice, ane prifoner, being broght from his Maiefteis prifon to the bar, wes, be the ordonr of 
this Judgement, 1 put to prefent Tryall, without any delay or continewation ; whilk, with no reafons, 
could be granted to thame at this t vine ; becaus, thrie yeiris ago, thay had bene fummoned for the 
fame crymes, vpon xv dayes wairning ; at whilk tyme, they going to the home, for thair contumacie, 
the Auld Laird wes takin be his Maiefties Com million, the Young Laird relaxing his [Summondis 
and entering] had bene deteaned be his Maiefties direction ; fo that they had not oulie fyvetene dayes, 
hot full thrie yeires to prepaire thair defends. 

The Defenderis than alledged, that the fummonds, produced he the Lord Aduocat, could not juftlie 
feclude thame of thair defyre of delay, becaus the Dittay this day produced be him, wes fo different 
from the tenour of the ould Letteris, in many fubftantiall heidis, and did fo aggravat the cryme, be 
many circumftances, nowayes mentioned in the former Letteris, that it wes eafie to my Lord Juftice 
and the Lord Afieflburis to difcerne, that no thing conteaned in the former Letteris, could have gotin 
thame information to prepaire thair Defenfes aganis the tenour of the Dittay now layd to thair cbairge. 
Which, being considered be the Lord Juftice and Afleflouris, and the auld Letteris and prefent Dittay 
exactlie conferred ; 2 be Interlocutour, thay ordained prefent proces, refufing to give the Defendaris 
any vther copie of the Dittay, or delay of proces, till the nixt day. 3 

II. PROCEEDINGS BEFORE THE PRIVY COUNCIL OF SCOTLAND, in reference 
to the Feuds and Conflicts recorded in the preceding Trial, &c. 

(i.) WARRANT of Privy Council, (Apud Edinburgh, Decimo tercio Decembris, 1601,) commanding 

the Earl of Cqffillis tofet Mure of Auchindrane and others at liberty. 

FORSAMEKILL as it is vnderftand to the Lordis of Secrete Counfall, that at the lait CONFLICT and 
Combat, quhilk hapnit and fell out betuix JOHNNE ERI.E OF CASSILLIS, and certane his freindis, on 
the ane pairt ; and GILBERT KENNEDY OF BARGANY, and certane his freindis, on the vther pairt, vpoun 
the ellevint day of December inftant ; the faid Erie tuik and apprehendit MURE OF AUCHIN 
DRANE, DAUID KENNEDY of Maxuelftoun, and certane vthers of the faid Laird of Auchindrane and 
Barganyis feruandis ; and prefentlie lies thame in his cuftodie and keiping : And in refpect of the 
Slauchter and bluid quhilk hapnit and fell out at the faid Conflict, it is verie fufpitious that the faid 
perfonis fould be fufferit to remane in the powar and handis of the faid Erie. THAIRFOIR, the faidis 
Lordis Ordanis Letteris to be direct, chairgeing the faid Erie of CaJJillis to defift and ceis fra all pro- 
ceiding aganis the perfonis foirfaidis, tane and apprehendit be him at the faid Conflict, be vertew of 
his office of Bailjerie, or of ony powar or commiflioun grantit to him for that effect ; difchairgeing him 

1 The practice of this Tribunal. ' Collated; compared with each other. * Here the Narrative ends 

abruptly. As the Report of the Trial is so full, it is likely that the writer had abandoned his original intention of 
giving a report of the proceedings which took place at the Trial but merely to resume his Narrative, and continue 
it down to the period of their execution. This, however, if ever completed, has unfortunately been kept out of the 
scrolls. An account of the subsequent conduct of these atrocious criminals between the period of their condemnation 
and execution, must have possessed great interest. 



44&9JAC. VI. CRIMINAL TRIALS. 171 

thairof and of his office in that pairt : As alfua, chairgeing the faid Erie to caus fett the faid Laird of 
Auchindrane and Dauid Kennedy of Maxuel/loun, and all vtheris perfonis tane be him at the faid 
Conflict, at frie libertie, within the toun of Air, without ony violence or harme to be maid to tharae 
be the way, within tuentie four houris nixt efter the chairge ; vnder the pane of rebellioune, &c. And 
gif he failjie, &c., to denunce him rebell, &c. 

(ii.) WARRANT of Privy Council, (Apud Halyruidhous, quarto February, 1607,) to denounce JOHN 

MURE of Auchindrane and others. 

SEDERUNT. 

Lennox, Fyvie, Lowdoun, Kinlofs, Previe feill, Kilfyth, 

Chancellar, Vchiltrie, MaifterofEl- Haliruidhous, Aduocat, Tracquair, 

Angus, Newbottle, phingftoun, Thefaurar, Collectour, Brunt-Hand, 

Mar > Spynie, Rofs, Comptrollar, Clericus Regiftri, Sir Patrik Mur- 

Wyntoun, Roxburgh, Dunkeld, Juftice-Clerk, Elimofmar, ray. 

ANENT oure fouerane lordis Letteris, raifed at the inilance of Sir George Home of Spott, knycht, 
his Maiefteis Thefaurer, and Mr Thomas Hammiltoune of Drumcairne, his Maiefteis Aduocat, for his 
hienes enterefe ; makand mentioun : That quhair, vpoun the ellevint day of December inftant, JOHNE 
MURE of Auchindrane, Thomas Kennedy of Drummurchy, Hew Kennedy of Bennan, Walter Mure 
of Cloncard, Hector Kennedy in Bargany, Johne M c alexander in Auchingregane, Thomas M c alexander 
his broder, James Bannatyne in Chapeldonane, Johne Cathcairt of Carltoun, Johne Cathcart jounger 
of Carltoun, Johnne Ecclis of Kildonane, Williame Irwing, Thomas Wallace feruitour to the Laird of 
Bargany, Johne M c alexander of Dalreoch, Thomas Dalrumpill brother to the Laird of Stair, Gilbert 
Kennedy in Pynmacbir, Gilbert Ramfay feruitour to the Laird of Bargany, Mofes Lokhart brother to 
the Laird of Bar, Dauid Kennedy in Maxvelftone, Alexander Kennedy fone to Hew Kennedy in 
Craigneill, Robert Kennedy feruitour to Walter Mure of Cloncard, Mairterie Wilfoun in Newwark, 
Robert Campbell in Carmychell, Williame Cauldwell of Lochirmofs, Williame Kennedy in Garfer, 
Johne Mure of Craigfkeane, Johne Mure in Quhytleyis, Robert Wallace of Holmiftoun, George Angus 
notar in Air, Symone Gilmour tbair, Peter Hammiltoun thair, Andro Kennedy thair, Henry Dai- 
rumple thair, Hew Kennedy thair, James Blair thair, Johne Blair thair, George Dumbar thair, George 
M c almont thair, James Dumbar thair, and .... Kennedy cowpar thair, with convocatioun of his 
hienes leigeis, to the nowmer of .... perfonis ; all bodin in feir of weir, with jakis, corflettis, 
fecrettis, lancis, and vtheris waponis, inuajiue, and with mufcattis, hacquebuttis, and piftolettis, pro 
hibit to be worne be the lawis of this realme, Actis of Parliament and Secrete Counfall, come 
furth of the burgh of Air, towardis the toun of Mayboill, refoluit and difpofit to haue attemptit fome 
heich interpryfe aganis JOHNE ERLE OF CASSILLIS, in cais thay bad found him vpoun the feildis: 
LYKES AS, thay perfaving the faid Erie and fome of his frendis and fervandis to be vpoun the feildis, 
befyd the toun of Mayboll, thay immediatlie fet vpoun thame, fchot and difchairgit a nowmer of muf 
cattis, haquebuttis and piftolettis amang thame, quhairwith thay flew vmq le .... Spence, maifter of 
boufhald to the faid Erie, and hurt and woundit findrie vtheris of his fervandis : Quhairthrow, as thay 
haue convocat his hienes leigis in armes, without powar or commifiioun, fua haue thay violat his hienes 
lawis and Actis of Parliament, maid aganis the beiring and weiring of hacquebuttis and piftolettis ; and 
with that, thay haue brokin his hienes peace, to the disturbance and fchaikin lowfe of the haill eftait of 
that cuntrey, without remeid be prouydit. AND. anent the chairge gevin to the faidis JOHNE MURE 
OF AUCHINDRANE, &c. to haue compeirit perfonallie, befoir the Kingis Maieftie and Lordis of Secrete 
Counfall, at ane certane day bigane, to haue anfuerit to the premifles, and to haue vnderlyne fie ordour 
as fould haue bene tane thairanent ; as alfua, tuicheing the obferuatioun of his hienes peace and keiping 
of guid reull and quyetnes in the cuntrey, vnder the paine of rebellioun and putting of thame to the 
borne : With certi6catioun to thame, and (if) thay failjeit, Letteris fould be direct Jimpliciter to put 



172 CRIMINAL TRIALS. A.D. 1611. 

thame thairto : Lyke as at mair lenth is contenit in the faid Letteris, executionis and indorfationis thair- 
of. Quhilkis being callit, and the faidis Perfewaris compeirand perfonallie, and the faidis Johne Mure 
of Auchindrane, &c. being oftymes callit and not compeirand, The Lordis of Secrete Couufall thair- 
foir Ordains Letteris to be direct, to denuoce thame rebellis, and put thame to the borne, and to 
efcheit. 

(iii.) DECREET OF ABSOLVITOR, (Apud Haliruidhous, quinto February, 1602,) by the Privy 
Council, in favor of JOHN EARL. OF CASSILLIS and others, 'for convocatioun of his hienes 
lieges, and beiring and weiring of hacqniebuttis and pijtolettis, breking of his hienes peace' 

SEDERUNT. 

Chancellar, Fyvie, Blantyre, Secretar, Prevey feill, Kilfyth, 

Ergyll, Lowdoun, Haliruidhous, Comptrollar, Aduocat, Sir Patrik Murray? 

Angus, Roxburgh, Thefaurar, Collectonr, Tracquair, Elimofmar. 

ANENT oure fouerane lordis Letteris, raifed at the inftance of Sir George Home of Spot, knycht, 
hie hienes thefaurer, and Mr Thomas Hammiltoun of Druracairne, his Maieiieis Aduocat, for his hie 
nes interefle; makand mentioun : That quhair, vpoun the ellevint day of December inflant, JOHNNE 
ERLE OF CASSILLIS, Johne Corrie of Kelwod, Hew Kennedy of Penqhuirry, Jobne Dauidfoun of 
Pennyglen, Oliver Baird of Cullein5ie, Patrik M c ilreane elder of Gremmat, Johne M''ilveane 3ounger 
of Gremmat, Hew Kennedy of Garryhorne, vtherwayis callit the Guidman of tJie Ballot, George 
Fergufoun of Thraif, Alexander Schaw tutour of Gremmat, Johne Mure of Wodland, Johne Mure of 
Kingmarloch, Johne Dik of Barbefburie, 1 Hew Kennedy of Dangar, Anthone Kennedy 5ounger of 
Barfalloch, Johne Mure merchant in Mynyboill (Maybole), Quintene Crawfurd younger of Silliholl, 
Jobne Kennedy of Smetoun, Williame Kennedy of Turneberry, Johne Campbell in Barnefurd, Johne 
Smyth younger in Caffillis, Johne Calderwode in Girmedloune, Johne Fultoune in Giltryhill, Johne 
Fultoune in Mofend, Alexander Baxter porter, Williame Harlavv hagbutter, Robert Fultoun in Gil- 
tryhill, Johne Fultoune in Bargennoch, Dauid Fultoun his brother, Thomas Fultoune in Giltrie, Tho 
mas Wode in Caflillis, Quintene Tod in Cafflllis, James Dauidfoun in Burnemoith, Johne Dauidfoun 
his Tone, Johne M c colme in M c colraeftoun, Johne Malcome in Blairbouy, Jobne Bell in M c colmeftoune, 
Thomas Mortoune in Caffillis, Johne Mortoun his broder thair, Johne M c cary thair, Johne Smyth in 
Dalrumple-holme, Williame Hnntar thair, James Corry in Bray of Dalrumple, Dauid M c quhorta in 
Ball e wand, William Campbell in Bra thair, Robert Cunynghame in Bateiftoun, Johne Smyth in Druiu- 
goblis, &c. z all men, tennentis, fervandis, and proper dependaris vpoun the faid Erie, with convoca 
tioun of his Maiefteis leigeis, to the nowmer of hundreth perfonis, all bodin in feir of weir, 

with jakis, fteil-bonnettis, corflettis, lancis, and vtheris waponis invafiue, and with hacquebuttis and 
piflolettis, prohibite to be worne be the Jawis of this realme and Actis of Parliament ; come in hoflile 
and weirlyk maner furth of the toun of Mayboill, and lay at await for vmq le GILBERT KENNEDY of 
Bargany, his freindis and fervandis, as thay wer comeing the hie way fra the burgh of Air towardis 
the faid Lairdis awne duelling hous, and invadit and perfewit thame of thair lyffis, fchot and difchair- 
git a nowmer of hacquebuttis and piftolettis at thame, quhairwith findrie of the faid Laird of Barga- 
nyis cumpany wer hurt and woundit ; and at that fame tyrae, thay fchamefullie, cruellie, and vnmer- 
cifuMieJlew the faid mug 1 ' Gilbert Kennedy of Bargany : QUHAIRTHROW, as thay haue convocat his 
hienes liegeis in airmes, without ony lauchfull Warrand or authoritie, fua haue thay violat his hienes 
lawis and Actis of Parliament maid aganis the beiring and weiring of hacquebuttis and piflolettis, and 
with that, tbay haue brokin and diflbluit his hienes peace in that cuntrey ; quhairby mony inconveni- 
entis are lyke to fall out, to the trouble and difquyeting of the haill cnntrey, without remeid be pro- 
vydit. AND anent the chairge gevin to the faidis Johne Erie of Caffillis, Capitane Johne Forrejler, 

1 Barbestoune. ' A List of one hundred and thirty more names follows. They are unnecessary to be inserted 

here, though they might no doubt be of some local interest. None of them are persons of rank. 



44 & 9 JAC. VI. CRIMINAL TRIALS. 173 

Mr Criftopher Cokburne, Quintene Craufurd, Patrik Reidpeth, Williame Maitland, Williame Fle- 
myng, Alexander Forbes, houfhold-men to the faid Erie, Anthone Kennedy 3ounger of Balfcheroch, 
Arthour Kennedy his brother, Mr Williame Boyd, Andro Cuninghame, Dauid Girvan, Thomas Ken 
nedy, Dauid Cathcairt, Alexander Baxter, Williame Harlaw, Dauid Craufurd, Dauid Gray, Johne 
Blair, alfua his houlholdmen and fervandis, Johne Corrie of Kelwode, Hew Kennedy of Penquhirry, 1 
&c. to haue compeirit perfbnallie : As alfua anent the chairge gevin to the faid Erie of Caflillis, to 
haue enterit and prefentit the perfonis particularlie aboue writtin befoir the Kingis Maieftie and Lordis 
of Secreit Counfall at ane certane day bigane, to haue anfuerit to the premifles, and to haue vnderlyne 
fie ordour as fould haue bene tane thairanent ; as alfua, tuicheing the obferuatioun of his hienes peace 
and keiping of guid ruell and quyetnes in the cuntrey, heirefter, vnder the paine of rebellioun and 
putting of thaine to the home, with certificatioun to thame and 2 thay fai^eit, Letteris fould be direct 
Jimpliciter to put thame thairto ; lyk as at mair lenth is contenit in the faidis Letteris, executionis, and 
indorfationis thairof. QUHILKIS being callit, and the faidis perfewaris compeirand perfonallie, and 
the faid Johne Erie of Cftfflllis being lykwayis perfonallie prefent, for him felf, and in name of the 
remanent defendaris foirfaidis ; quha producit tua Commiffionis, fubfcryuit be his Maieftie, and paft 
his hienes Regifter and Signet : The ane aganis Blaquhane younger? Girvenmanis, Hew Kennedy of 
Bennan, Thomas his brother, and Walter Mure of Cloncard, quhais names ar infert in the faid Com- 
miffioun with his Maiefteis awne hand, knawing thair mifdeidis, geving powar to the faid Erie of Caf- 
fillis to convocat his hienes liegeis, and to fearche, feik, tak, apprehend arid perfew, with fyre and 
Jivord, the perfonis aboue writtin, and to weir hacquebuttis and piftolettis to that eifect ; as the faid 
Commiffioun, of the dait the nynt day of Julij, the jeir of God I m .Vj c . and ane jeiris, at lenth beiris : 
And the vther Commiffioun, direct to the faid Erie, for the perfute, taking, and apprehending of J?o- 
bert Gordoun of Barnerino, Alexander Gordoun of the Hillis, Williame M c neilie, Alexander M c kie 
of Balfeir, and Thomas Kennedy of Drummurchy, as fufpect gilty of Murthour, Oppreflioun, and 
Refiett of Thift; as in the faid Commiffioun, geving powar to the faid Erie to convocat his hienes 
liegeis, affiege houffis, raife fyre, and perfew the faidis perfouis with all extremitie, and beiring dait 
the tuentie-ane day of July I m .Vj c . and ane, at lenth is contenit : Be vertew of the quhilkis Commif- 
fionis, the faid Erie allegit, that he had lauchfullie proceidit in the haill actioun aboue writtin, quhair- 
vpoun he wes accufet, feing the faid Thomas Kennedy of Drummurchy and the faid Walter Mure of 
Cloncard, and dyuerfe vtheris his Maiefteis rebellis, vpone quhome the faid Erie prefentlie producit 
Horning deulie execute and regiftrat, and quha ftandis ^\i at the home vnrelaxt, wer prefent and vpoun 
the grund with the faid vmq le Gilbert Kennedy of Bargany, the tyme foirfaid ; and the faid Erie, 
being in executioun of his Maiefteis Commiffionis, in fearching and feiking of the faid Thomas, and 
of the remanent perfonis thairin contenit, all that fell out in that mater wer lauchfull. QUHAIRTJNTO 
it wes anfuerit be the faid Mr Thomas Hammiltoun, that the faid firft Commiffioun can be na Warrand 
nor authoritie to the faid Erie ; becaus that lang befoir the committing of the crymes aboue writtin, 
quhairvpoun he is now accufit, the fame Commiffioun wes difchairgit be his Maieftie, for the haill 
perfonis thairin contenit, except Young Blairquhane ; and lauchfull intimatioun and publication wes 
maid to the faid Erie of the faid difchairge, lang befoir the faid tyme, viz. in the moneth of Auguft 
laftbypaft ; quhilk the faid Aduocat referrit to the faid Erles aith : And fua, in refpect of that dif 
chairge, and that the faid Laird of Blairquhane Younger wes not in cumpany with the faid Laird 
of Bargany the tyme foirfaid, the fame Commiffioun can be na Warrand to the faid Erie : And as 
to the laft Commiffioun, it was anfuerit be the faid Aduocat, that the fame can be na fufficient 
Warrand to the faid Erie ; becaufe the fame Commiffioun wes not deulie regiftrat aganis the faid Tho 
mas Kennedy of Drummurchy, bot his name infert thairin, lang efter the fame wes paft the Regifter 

1 Here the remainder of the names are repeated. * If. * Blairquhan. 



174 CRIMINAL TRIALS. A.D. 1611. 

and Signet : And t hair was na powar nor licence contenit in the faid laft Commiffionn for beiring and 
weiring of hacquebuttis and piftolettis ; and feing his Maiefteis Regifter is the reull be the quhilk the 
faid Commiffioun fould have been direct it , the fame can be na Warrand to the faid Erie : Vnto the 
quhilk it wes replyit be the faid Erie, that, albeit the lint Comraiflioun wes difchairgit aganis the haill 
perfonia contenit thairin, except Young Hlaquhane, 511 it ftude in full force and effect aganis him ; 
and he being his Maiefteis rebell, and continewing difobedient to his Maieftie, and being a ordinary 
hantar and keipar of cumpany with the faid Laird of Bargany, oftymes ofbefoir and fenfyne, and fuf- 
pectit to haue bene with him that day, he had gude Warrand and powar to fearche him quhaireuer he 
Diycht get knawlege of his being: And as to the faid laft Commiffioun, it wes replyit be the faid Erie 
that he had a fpecial Warrand and directionn fra his Maieftie, to the Keipar of the Regifler, to regifter 
the faid Commiffioun, as it wes producit to the Regifter ; quhilk Warrand he produc.it befoir the 
faidis Lordis ; fua that it was lauchfull to him to infert ony names thairin, quha wer rebellis, or gilty 
of fie crymes, in his plefour : And albeit thair wes na mentioun maid in the laft Commiffioun of hacque 
buttis and piftolettis, $\t t in refpect of the firft Commiffioun ftanding vndifcharget, as faid is, and that 
the laft Commiffionn gaif him powar to vfe all weirlyk ingyne quhilk he could deuyfe for apprehen- 
lionti of the perfonis thairin contenit, the executioun of the fame, in forme and maner as it fell out, 
was lauchfull : And forder, it wes replyit be the faid Erie, that he being the ordinar Judge and Ma- 
giftrat of the cuntrey, and not a privat perfone, thair fould na fie difchairge haue bene purcheft quhill 1 
firft he had bene wairnit to the gering thairof, and that the perfonis, in quhais fauour the fame wes 
grantit, had gevin tbair obedience to his Maieftie, and purgit thame felfEs of the Horningis quhilkis 
thay vnderlay. WITH the quhilkis Anfueris and Replyis, and dyuerfe vtheris the reflbnis and allega- 
tionis of baith the faidis pairteis, the Lordis of Secrete Counfell being weill and ryplie advyfet, THE 
LORDIS of Secrete Counfall FINDIS and DECLAIRIS the tua Commiffionis aboue written, producit be 
the faid Erie, to be guid, valid, and fufficient ; and that thairby he had gude powar and authoritie to 
fearche and feik the faidis perfonis, and vfe the fame Commiffionis. AND. thairfoir the fuidis Lordis 
Affoi\ze\&*Jimpliciter the faidis Defenderis fra that pairt of the faidis Letteris, tuicheing the convoca- 
tioun of his hienes liegeis, and beireing and weiring of hacquebuttis and piftolettis, and breking of his 
hienes peace : And Decernis thame quyte thairfra in all tyme comeing, and of all offence (that) may 
be impute to him in the vfing of the faidis Commiffionis. 

(iv.) ACT of Privy Council, The Laird of Cullane again/I Williame M c Phadrih. z 
ANENT our fouerane lordis Letteris, reafit at the inftance of JAMES KENNEDY of Culzeane, mak- 
and mentioun : That quhair, albeit bis Maieftie, be the fpace of aucbt yeiris fyne, maid and fet furth 
diuerfe edictis and Proclamatiounis, prohibiting and difchargeing all his heynes leigeis, that nane of 
thame fould reffet, fupplie, nor intercommoun with Thomas Kennedy, Thomas M c Alexander, Thomas 
Wallace, and William Irving, during the tyme of thair rebellioun and remaneing at the home, for the 
odious, cruel!, and deteftable Murthour of vmq le Sir Thomas Kennedy of Culzeane, father to the faid 
coroplenair, committit be thame, in maner fpecifeit in the faid Proclamatioun, vnder certain? panes men- 
tionat thairint ill. Nochtwithftanding, it is of treuth, that William M'Phedrice, fervitour to the Laird 
of Girvanmanis, lies continewallie, and almaift ilk day fen the dait of the faid Proclamatioun, aganis 
the tennour of the fame, reffett, fuppleit, and intercom roonit with the faid Thomas M c Alexander, and 
remanent rebellis abouenameit, within his awin duelling houfe in Air ; hes keipit mony tryftis and 
meitingis with him, as namelie, vpoun the xxvj Junij, I m .Vj. and audit yeiris, the faid Thomas M c Alex- 
ander being in his dwelling hous in Air ; and informatioun thairof being maid to JOHNNE ERLL OF 
CASSILLIS and the faid Complenair, and thay haueing warrand, power, and commiffioun for the per- 
fate of the faid Thomas M c Alexander, and being than vpoun the feildis agaitward 4 towards him, it is 

1 UntQ. * Absolves ; acquits. Regist. Seer. Cone. (Acta), Aug. 3, 1609. * On the road or gait to 

apprehend him. 



44&9JAC. VI. CRIMINAL TRIALS. 175 

of treuth that the faid William M c Phedrice, being rpoun the knawlege and counfall of the faid Erll 
and the faid Complenaris faid purpois aganis the faid Thomas, he lap on horfe and convoyit him felf 
fecritelie away to the faid hous, quhair the faid Thomas wes for the tyme, and thair intercommvnit 
with him, reveillit, and difclofit vnto him the faid purpois and plat layd doun for his perfute : And 
that he mycht the more fauflie efchew, the faid William M c phedrice horfit him on his awin horfe, and 
pat him away ; in heich and proud contempt of his Maiefteis auctoritie and lawis. For the quhilk the 
faid Williame aucht to be perfewit and pvnift in his perfone and guidis, to the terrour of vtheris to 
commit the lyke heirafter. And anent the chairge gevin to the faid William M c phedrice to haue com- 
peirit perfonalie before the Lordis of Secrite Counfall this prefent thrid day of Auguft inftant, to haue 
anfuerit to this complaint, and to hane hard and fene fie ordour tane thairanent, as appertenit ; vndir 
the pane of rebellion and puling of him to the home: with certificatioun to him and 1 he failjet, Let- 
teris fould be directjtmpliciter to put him thairto ; lyke as at mair lenth is contenit in the faidis Let 
teris, executionis, and indorfationis thairof; quhilkis being callit, and the faid perfewar compeirand 
perfonalie, and the faid Defender being oftymes callit, and not compeirand, The Lordis of Secrite 
Counfall thairfoir Ordanis Letteris to be direct to Officearis of airmes, fchireffis in that pairt, charge- 
ing thame to pas and denunce the faid Williame M c Phedrice his Maiefteis rebell, and to put him to 
the home ; and to efchete, &c. 

(v.) ACT of Privy Council, The Kingis Aduocat again/I Johnne Mure? 

ANENT our fouerane lordis letteris, reafit at the inftance of Sir Thomas Hammiltoun of Bynnie, 
knycht, aduocat to our fouerane lord, for his hienes intereffe, makand mentioun : That quhair the 
cruell, unworthie, and deteftabill Murthour of vmq le SIR THOMAS KENNEDY of Culzeane, knycht, 
and of vmq le WILLIAME DALRUMPLE, fone to Williame Dalrumple in Aire, haueing thir mony jeiris 
bigane lyne obfcure and hid, and no perfyte difcouerie nor knawledge being had of thefe who wer the 
cheiffand principall divifaris, practizaris, and confpiratouris in the fame Murthour, the faid Aduocat is 
now informed that the perfonis following, thay ar to fay, JOHNNE MURE, cook in Auchindrane, Tho 
mas Wallace, feruitour to Auchindrane, Andro M c alexander, fometyme feruitour to James Sellindane 3 
in Chapildonane, James M c caig, fone to Adam M (1 caig, in Girvane, and George Small, in Plefance, 
doeth knaw fomething in that mater, and can gif fome licht, evidence, and probable prefumptioun and 
circumftanceis, for cleiring of the fame : Quhairfore, neceflar it is, that thay be examinat heirvpone, in 
prefence of the Lordis of his heynes Preuey Counfall. AND anent the charge gevin to the faidis Johne 
Mure, cook, Thomas Wallace, Andro M c Alexander, James M c caig, and George Small, in Plefance, to 
have compeirit perfonalie, befoir the Lordis of Secrite Counfall, this prefent xx day of Junij inftant, to 
have anfuerit to fuche thingis as fould have bene fpeirit at thame tuitching the Murthour of the per 
fonis foirfaidis, vnder the pane of rebellioun and puting of thame to the home ; with certificatioun, &c. 
The Lordis ordanis Letteris to be direct, &c., chairgeing to pas and denunce the faid perfonis, who 
compeirit not, his Maiefteis rebellis, and put thame to the home ; and to efchete, &c.* 
(vi.) SUSPENSIOUN, James Bannatyne, in Chapeldonall. 5 

ANENT oure fouerane lordis Letteris, reafit at the inftance of James Bannatyne in Chapeldonall, 
makand mentiomv, That quhair as, he is informed he is denuncit rebell and put to the home, be virtew 
of Letteris, reafit at the inftance of Johne Erll of CaJJillis and Sir Thomas Hammiltoun of Bynnie, 
knyt, his Maiefteis Aduocat for his heynes interefle, ffor the complenair his allegeit not compeiring per- 
fonallie before the Lordis of Secrite Counfall, at ane certain day bygane, to baue anfuerit to ane com 
plaint maid be the faid Erll and Lord Aduocat vpoun him, tuicheing his allegit beiring and weiring of 

1 An, if. Reg. Seer. Cone. (Acta), Jun. 20, 1611. 3 Bannatyne. At this period the name Bannatyne 

was indifferently spelt, Ballendyne, Bellenden, Bannatyne, and Ballantyne. 4 A similar entry occurs, of the same 
date, to denounce ' THOMAS MURE, sone to (Johne) Mure of Auchindrayne, and ANDRO SINCLAR, halff-brother to the 
Laird of Auchindrane, for not appearing to answer at ane certane day bygane.' 5 Regist. Seer. Cone. (Acta), 

Sep. 27, 1611. 



176 CRIMINAL TRIALS. A.D. 1611. 

hagbuttis and piftolettis, and invaiding and perfewing of Hew Kennedy of Garrihorne and Thomas 
M c quhary, boith feruitouris to tlie laid Erll, and fchooting and difchairging of piftolettis at thame, &c. 
The Lords fufpended the laid Le tiers, Jimpliciler, on the ground of Bannatyue's not baring been cited 
to appear, &c. 

III. PROCEEDINGS IN PARLIAMENT, as to the Forfeiture of Thomas Kennedy 
of Drummurchie,for the Burning of Auchinfoull, Murder of Sir Thomas 
Kennedy, <%e. 

(i.) The Forfaltrie of Thomas Kennedie. 

Apr. 26, 1604. SIR Thomas Hamiltone, King's Advocate, took inftruments of the Production of 
the Summons of Treafon and executions, &c. in Parliament. 1 

Jul. 11, 1601. The Summons and other documents were again produced in Parliament, 2 which 
were of new verified in prefence of the Lord Commiflloner, (John Earl of Montrofe,) and haill 
Eftaittis : And ficlyk, the laid Aduocat produceit Lettres of llelaxatioun, relaxand the faid Thomas 
Kennedie frome all proces of Horning led and deducet aganis him, for quhatfumeuir caufe. And 
thaireftir, the faid Thomas Kennedie being thryfe callit at the tolbuiih windo, to haue anfwerit to the 
faid Summondis of TreaiToun, he comperit nocht to anfuer thairto, and thairfoir the faid Aduocat 
(eftir that the foirfaid caus of the faid Summondis of Treaflbun wes fundin relevant be the faidis haill 
Eftaittis aganis the faid Thomas Kennedie of Drummurchie) ffor prcving of the pointis of the faid 
Summondis of Treaflbun aganis the faid Thomas Kennedie, and of the reflbun and caus contenit thair- 
in, repetit the Depofitiounes of the WitnefTes reffauit, admittit, fworne, and examinat in prefens of the 
faidis haill Eftaittis vpoun the foirfaid reflbne and caufe ; and alfe repetit the notorietie of the fact of 
the Burning, and the faid Thomas Kennedie acknawlegeing his awin giltines, and taking of the faidis 
crymes vpoun him, throw being fugitiue and denuncit Rebell for nocht comperance befoir our faid 
fouerane lortlis Juftice and Lordis of his hienes Privie Counfall re/pectitie, in maner contenit in the 
Lettres of Horning rafit thairvpoun : And lykwayis, the faid Aduocat producit diuerfe vlheris wryttis 
and probatiounes, for preving of the faid Summondis of TreafToun, and defyrit the faidis Eftaittis of 
Parliament to advyfe the foirfaidis probatiounes, and to gif furth thair Dome and Sentence tliairintill, 
according to juftice. And thaireftir, the foirfaidis haill probationis and Summondis of Treaflbun being 
red, hard, fene and confident be the faidis Eftaittis, and they thairwith being ryplie advyfit, the faidis 
haill Eftaittis of Parliament FINDIS, Decernis, and Declaris that the faid Thomas Kennedie of Drum- 
murcliie hes committit TREASSOUN, in Raifing of the faid Fyre, and Burning of the faid Place of 
AUCHINSOULL, in maner fpeceifeit in the foirfaid Summondis: AND thairfoir, Decernis and Ordanift 
THE DOME vnderwrittin to be prouuncit and gevin furth aganis him, be the mouth of Dauid Lyndefay, 
dempfter : Off the quhilk Dome, the tennour followis. 

DOME. This Courte of Parliament fchawes for Law, that the faid THOMAS KENNEDIE of Drum 
murchie hes committit Treaflbun in Railing of Fyre and Burning of the faid Place of Auchinfoull, 
pertenyng to the faid Duncane Craufurde, the tyine and in maner fpecefeit in the faid Summondis of 
Treaflbun, perfewit be his hienes faid Aduocat, for his grace entres, aganis him : And thairfoir Findis 
and Declaris, That the faid THOMAS KENNEDIE hes amittit, and tynt, and Foirfaltit for euir, all his 
landis, heretages, rowmes, pofleflionis, gudis, and geir quhatfumeuir, belanging to him ony maner of 
way, and quhilkis he hes, had, micht haue, or clame, within this Realme of Scotland : And Decernis 
the famin to haue appertenit and to appertene to our faid fouerane lord, to be confifcat, and to remane 
with his hienes, as his propirtie, in all tyme cumming. And als Findis and Declaris, that the faid 
THOMAS KENNEDIE hes amittit and tynt his fame, honouris, and dignitie : And he to be pvnift as 
ane Tratour, conforme to the Lawes of this realme. And this I gif for Dome. 
1 Ada Parl iv. 260. * Acta Part. iv. 267. 



44&9JAC. VI. CRIMINAL TRIALS. 177 

(ii.) THE SUMMONDIS OF TRESSOUN ofvmq le WALTER MURE OF CLONCARDE, pa/lj ra Jimpliciter 

be ourjbuerane Lordis Aduocat. 1 

Jul. 11, 1604. THE quhilk dayMaifter Thomas Rollok, depute for Sir Thomas Hammyltoun of 
Monkland, knycht, Aduocat to our fouerane Lord, and in his hienes name reproducit, in prefens of 
ane nobill and potent lord, Johne Erie of Montrofe, Lord Grahame and Mukdok, Great Commiffionar 
of this prefent Parliament, and in prefens of the haill Eftaittis thairof, the Summondis of Treaflbun 
vnderwrittin ; quhilkis wer producit be the faid Aduocat, ofbefoir, at Edinburgh, in prefens of the 
Lordis of Articlis, vpoun the tuentie aucht day of Aprile laft bipaft : Off the quhilk Summondis of 
Treaflbun the tennour followes. 2 

[SUMMONS OF TREASON againjl Thomas Kennedy of 'Drummurchie and Walter Mure of Cloncarde. 3 '] 
JACOBUS, Dei Gracia Rex Anglorum, Scotorum, Gallorum et Hibernorum, &c. Fideique defenfor: 
Dilectis noftris Leoni Regi Armorum, Albanie, Snawdoun, Merchemont, Rothefay, Hay, Rofs, Bute, 
Carrik, Ormond, Vnicorne, figniferis ; Dauid Bryfoun, Robert Stewart, Alexandro Dowglas et Jaco- 
bo Chalmeris clauigeris noftris ; necnon Joanni Ferguflbun et Joanni Wilkefoun nuncijs, et eorum 
cuilibet, coniunctim et diuifim. Vobis precipimus et mandamus quatenus legitime fummoneatis THO- 
MAM KENNEDIE de Drummurchie, fratrem germanum quondam Gilbert! Kennedie de Barganie, per- 
fonaliter, ii ejus perfonalem prefentiam habere poteritis, feu aliter apud locum fui domicilij et habita- 
tionis ; ac etiam apud cruces forales burgorum noftrorum de Air, Irving, Mayboll ac apud portus nof- 
tros de Air et Leith, et alia loca neceflaria, fuper premonitione fexaginta dierum, eo quod dictus 
Thomas de prefenti extra regnum noftrum Scotie morari dicitur. Necnon fummoneatis legitime Ro- 
BERTUM MURE, fratrem germanum et heredem apparentem quondam Walteri Mure de Cloncarde, 
JOANETAM MURE eius fororem germanam, perfonaliter, fi eorum perfonalem prefentiam habere 
poteritis, vel fecus apud locum fuorum domiciliorum et habitationis ; ac etiam dictos Robertum et 
Jonetam aliofque agnates et cognates dictj quondam Walterj Mure de Cloncard, omnefque alios inter- 
efle habentes vel habere pretendentes, necnon Tutores et Curatores dictorum Robert) et Jonete Mures, 
fi quos habent, apud dictos cruces forales dictorum burgorum noftrorum de Air, Irving, Mayboll, et 
alia loca neceflaria, quod compareant coram nobis et noftris Commiffionarijs et Locum tenentibus, nec 
non covam Regni noftri Scotie Ordinibus, Edinburgi, viceiimo die menfis Aprilis proximo futuri, in 
Parliamento noftro incipiendo decimo die dicti menfis, hora caufarum, cum continuatione dierum ; 
ad refpondendum nobis, necnon ad inftantiam dilecti et fidelis noftri confiliarij Domini Thome 
Hammyltoun de Monkland, militis, noftri Aduocatj, pro noftro interefle, dictum viz. THOMAM 
KENNEDIE de Drummurchie, pro fua nefaria, fcelefta, facinorofa, et proditoria Occifione et Inter- 
emptione quondam Thome Kennedie de Coiff militis 4 per fe fuos complices et confortes fecum con- 
fpiratores in dicto Homicidio, per fummum nefas vt fequitur, perpetrate, vndecimo die menlis Maij, 
anno domini 1602 : NECNON pro fuo fcelefto, nefario, et manifefto Furto, cum violenta rapina con- 
iuncto, vulgariter vocat. Stuth-reiff, marfupij feu crumene dicti quondam Thome Kennedie de Coiff 
militis, cum magna pecunie fumma auro et argento fignato, fummam duorum millium mercarum 
extenden. quam dictus quondam Thomas cum eo portabat; cum varijs annulis aureis, gemmatis et 
alijs, ac multis fibulis aureis diploidi tunice et femoralibus dicti quondam Thome confutis, ad valo 
rem mille librarum extenden. in ipfo actu Homicidij perpetrat. : NECNON pro fua proditoria et 
nefaria Obfidione, per fe et fuos complices, ad numerum quinquaginta virorum armatorum, Manfionis et 
Maneriei terrarum de AUCHINSOULL, jacen. infra vicecomitatum noftrum de Air ; ad quod, per occa- 
fionem fubfcriptam, dilecta confanguinea noftra JEANNA COMITISSA DE CASSELLIS, comitata feptem 
vel octo feruis ac comitibus confugerat, falutis fue caufa, cum dicta Domina Jeanna et eius ferui iter 

1 Ada Parl. IV. 271. * Here the Summons which has already been given is inserted. 3 To prevent 

repetition, this Summons (which is a transcript of the other against Drummurchie, with the additions relating to 
Cloncard) has been preferred. * A mistake for Cassilis. However, Sir Thomas was often so designed. 

VOL. III. Z 



178 CRIMINAL TRIALS. A.D. 1611. 

facerent adomicilio fuo de INCHE in Gallouidia, verfus aliud fuum donricilium in Villa de MAYBOLL, 
in balliatu de Carrik et infra vicecomitatum noftrum de Air, decimo octauo die mentis Mai j vltiino clajili, 
1603. T pro malenolo, crudeli, nefario, abhominabili, et fceleflo Incendio Maneriej, in quod, caufa 
enitandi periculi mortis, dictn Domina Jeanna Comitifla de Caflellis et ferui fui confugerunt; e quaman- 
iione et manerie de Auchinfoull, cum idem maneriem combuitam efient vndique et conflagraret, metu 
mortis vehementia flammaruni et fumi egredi coacti linit, vbi pod egreffiim dicte Domine Joanne Co- 
iiiitiili- de CafTellis quondam HUGO KENNEDIE, frater germanus et heres apparens dilecti uoflri eonfan- 
guinej Joannis Comitis de CafTellis, Domini Kennedie, Joannes M l 'ilveiane junior de Grwmett, Jo 
annes Dik de Barbafloun, Andreas Cunynghame in Knokdone, Quintinus Craufurde, Robertus Hay, 
Willielmns Kennedie, ferui et comites dicte ComitifTe pro tempore, per dictum Tliomam Kennedie de 
Drummurchie et fuos complices captiui facti funt, et vt infra dicitur abducti, et in privatis carceribus 
detenti. ET PROPTEREA, dictum Thomam ad videndum et audiendum fe crimen Lefe-Maieftatis per 
decretnm et cenfuram noflri Parliamenti et regni Scotie Statuum incurrifle ; et ideo, tanquam reum, 
Lefe-Maieftatis puniri debere, capitali et vltimo fupplicio ; necnon amiffione omnium bonorum fuornm, 
mobilium et immobilium, terrarum et tenementorum, que dictus Thomas in regno noftro Scotie babet, 
habere, vel clamare potent, in futnrum. NECNON, dictos ROBERTUM MURE, fratrem germanum et he- 
redem apparentem dicti quondam Walterij Mure de Cloncarde, et JONETAM MURE eius fororem ger- 
manam, omnefque alios cognatos et confanguineos dicti quondam Walteri, ac tutores et curatores diet. 
Roberti et Jonete, ft quos liabent, omnefque alios interfile babentes vel habere pretendentes, ad viden 
dum et audiendum, per regni noflri Ordines in Parliamento noftro fupradicto decerni et declarari, quod 
dictus quondam Walterus Mure de Cloncarde fuit et eft reus Lefe-Maieflatis, vt qui fuit actor, factor, 
et perpetrator diet, criminum cum dicto Thorn a Kennedie de Drummurchie modo et forma quibus 
infra dicitur. PRO QUIBUS eiufdam quondam Walteri memoria et fama damnari et aboleri debet, ac 
eius omnia bona mobilia et immobilia, terre, tencmenta, et omnia alia que habuit in regno iioflro Scotie, 
vel habere potuit, ad nos pertinere decerni debeat ; et quod ab eifdem dictus Robertas f rater et Joneta 
eius foror, omnefque alij ab eo defcendentes, debent excludi imperpetuum, propter rationes et caufas 
fnbfequentes. PROPTEREA quod in Parliamento noflro tento apud burgum noflrum de Edinburgh, in 
Scotia, vicefimo nono die menfts Julij, anno domini 1587, per nos et tres dicti noflri regni Ordines fta- 
tutum eft, quod fi contigerit aliquem fubditorum noflrorum dicti regni Scotie, qui habet terras fibi he- 
reditarie pertinentes, viz. vt vulgariter in dicto flatuto dicitur ony landit man, fore legitime et fecun- 
dum juris ordinem, aliquo tempore pofl dictum flatutum futuro, de manifeflo furto et vi rapine admiflo, 
id eft Stouth-reiff efle convictos, incurrent propterea crimen et penam Lefe-Maieflatis, hoc eft omif- 
lionem et forisfacturam vite, terrarum, et bonornm ; prout in dicto flatuto apertiffime continetur. SED 
fie eft in rei veritate, quod dictus THOMAS KENNEDIE de Drummurchie, et prefatus quondam WAL 
TERUS MURE de Cloncarde, cum fuis complicibus et confortibus, numero feptem, armis, machinis bel- 
licis, et fclopis, prohibitis et lege vetitis, inftructi, et equis infidentes, dicto duodecimo die menfis Maij 
1602, exiftentes Rebelles et ad cornu noflrum poftti, prout per Literas noflras et denunciationem re- 
bellionis clare conftare poterit ; et ex precogitata felonia dictum Thomam Kennedie de Coiff militem, 
imparatum et non-opinantem, ac iter facientem, vno feruo comitatum, a domicilio fuo de Coiff verfus 
dictum burgum nolirum de Air, ac inde profecturum Ediuburgum negotiorum fuorum gerendorum 
caufa, apud Capellam Sanctj Leonard! nuncupat. dimidio miliaris a dicta Vrbe de Air diflan. aggreffi 
funt, ac enndem invaferunt machinis bellicis ac lanceis transfixerunt et crudeliter occiderunt, et furto, 
rapina, et vi furtum comitante, id eft le Stonth-reif, ex marfupio et crumena dicti quondam Thome 
Kennedie de Coiff predictam fummam bis mille marcarum in auro fignato, lie Raif-nabillis, et JFyve- 
pund-peices, Angell-nobillis, et Porthigall-doiicfittis, violenter furati funt et abflulerunt, cum varijs 
annulis, gemmatis, ac alijs, et multis fibulis aureis diploidi tunice et femoralibus dicti quondam Thome 
confutis, ad valorem mille librarum extenden. Pro quoquidem crimine, corara Julliciario noflro vocati, 



44 & 9 JAC. VI. CRIMINAL TRIALS. 



179 



vt lege fubirent, contumaces facti Rebelles declarati funt, et ad cornu noftram pofiti, prout per Lite- 
ras noftras et denunciationem rebellionis fatis clare conftare poterit. Ac ETIAM ftatutum eft, per aliud 
actum Parliament! illuftriffime memorie quondam Jacobi V. Scotorum Regis, avi noftri, tenti et incho- 
ati, apud Edinburgh, vicefimo fecundo January, anno 1 538, quod fi quis combuferit aliquos in domi- 
bus fuis, reus Lefe-Maieftatis erit : Ac etiam, quod omnes Combuftiones domorum vel granorum, et 
omnia Incendia voluntaria feu malitiofa, fiant crimina Lefe-Maieftatis ; idque in odium Incendiari- 
orum, quos leges propter crimiuis atrocitatem feuerius plecti jubent ; ficut in eodem ftatuto plenius 
continetur : Quodquidem ftatutum in Parliamento noftro tento apud Edinburgh, quinto die menfis De- 
cembris, anno domini 1567, repetitum et renovatum eft, idque nierito crefcente in regno noftro In- 
cendiariorum numero et audacia ; prout in dicto ftatuto pofteriori latius continetur : SED fie eft, quod 
dictus THOMAS KENNEDIE de Drnmmurchie et dictus quondam WALTERUS MURE de Cloncarde, 
comitati circiter quinquaginta armatis equitibus, per iniidias obfiderunt iter dicte dilecte confanguinee 
noftre JEANNE COMITISSE DE CASSELLIS, proficifcentis e domicilio de Inche in Gallovidia, in viceco- 
mitatu noftro de Wigtoun, verfus aliud domicilium liiuin in Villa de Mayboll et balliatu noftro de 
Carrik et vicecomitatu de Air, die xviij menfis Maij, anno domini 1603, et equis citatia in dictam di- 
lectam noftram confanguineam, et eius feruos ac comites, impetum facientes, iter et viam publicam 
deferere, metu vite fue, compulerunt : Ilia autem cum refvgii caufa verfus Manfionem quandam de 
AUCHINSOWLL, quam turn inhabit abut Duncanus Crawfurde de Aucliinfauoll^ cum comitibus et feruis 
fuis citatis equis accurreret ; qui locus, cum ad effugium commodns videtur, et viderunt ex eo loco 
dilectam confanguineam noftram feruos et comites eius nifi domo incenfa extrahi non pofle, illico illato 
igni (Ionium et eius ambitum vndique incenderunt, e qua crefcente fumo et irrumpentibus flammis, ad 
extremum periculum omnes redacti, in manus dictorum Latronum Incendiariorumque dilecta noftra 
confanguinea cum fuis feruis et comitibus, deditione facta, captiui devenerunt ; ex quibus vnus, no 
mine Joannes M'grane, flammis fuperatus predictam domum combuftam egreffus priufquam refpi- 
rare potuerit, crudeliter et nefarie gladijs et machinis bellicis, a dictis Thoma et quondam Waltero et 
complicibus predictis crudeliter interfectus eft : Ac reliqui comites dicte noftre confanguinee, viz. HUGO 
KENNEDY, frater germanus et heres apparens dicti dilecti noftri confanguinei et confiliarij Joannis 
domini de Caflellis, Joannes M c ilveyane junior de Grwmett, Joannes Dik de Barbeftoun, Andreas 
Cunynghame de Knokdone, Quintinus Craufurde, Robertus Hay, Willelmus Kennedy, per dictos La- 
trones, Predones, et Incendiarios captiui facti funt, et eorum arbitrio abductj, et per eos in domibus, 
fortalicijs, et Caftris de Ardftinchell, et lie Coiff de Craignett, infra dictum vicecomitatum noftrum de 
Air, proditorie cuftoditi et detenti funt, per dies quindecim, aut eo circiter; Nee ab ilia captiuitate li- 
berati et redempti fuerunt, donee per fe et fidejuffores fuos obligafentur, quod dictum dilectum con- 
fanguineum noftrum Joannem Comitem de Cafiellis, cui vt domino et hero fuo feruire tenebantur, 
omniuo defererent, et fi fecus facerent, maguam pecunie fummam foluturos fe promitterent, compulfis 
etiam diris feipfos deuouere, fi contra feciflent: IN QUO, non folum Latrocinii, Stuthreif, Infidiationis 
viarum, ac proditorij Incendii crimine irritati funt ; fed etiam, proditorie Vfurpationis authoritatis nof 
tre reos fefe facerent. Ac vt hec omnia notoria fiant, idem Thomas Kennedie de Drummurchie ac 
dictus quondam Walterus Mure de Cloncarde vocati coram Dominis Secreti Confilij noftri refponfuri 
predicto proditorio crimini Incendij et Captionis dictarum liberarum perfonarum et liegiorum noftrorum 
et aliis fupramentionatis, contumaces effect! funt ; Ac propterea etiam Rebelles nobis declarati et 
denunciati funt ; prout in Literis noftris, ea de re executioni mandatis, latius continetur. QUARE, dic 
tus THOMAS KENNEDIE de Drummurchie^ per Decretum et cenfuram Parliament! noftri et regni 
noftri Ordinum crimen Lefe-Maieftatis incurrifie decerni ; et ideo, tanquam reus Lefe-Maieftatis puniri 
debet capital! et vltirno fupplicio, necnon amifiione omnium bonorum fuorum, mobilium et imtnobilium, 
terrarum, et tenementorum, que dictus Thomas in regno noftro Scotie habet, vel clamare et habere 
poterit in futurum ; ac etiam per dictum noftrum Parliamentum et regni noftri Ordines decerni et 



180 CRIMINAL TRIALS. A.D. 1611. 

declarari debet, quod diet us quondam WALTERUS MURE <t< Cloncarde fuit et eft reus dictj criminis, 
Lefe-Majeflatis, vt qui fuerit actor, factor, et perpetrator diet, criminum refpectiue fupratnentionat. 
(tun dicto THOM A KENNEDY de Drummurchie, modo et forma antedict. ; pro quibus, etiara eiufdera 
quondam Walter! memoria et fama aboleri et damnari debent ; ac etiam eius omnia bona, rnobilia et 
immobilia, terre et tenementa, et omnia alia que liabuit in regno noflro Scotie, vel habere vel clamare 
potuit, vel prefatus Robertvs et Joneta agnati, cognati, confanguinei, et omnes ab eo difcendentes, ha 
bere vel clamare potuerunt, in futurum, ad nos pertinere decerni debent, et ab eifdem dictus Robertas 
nuiir frater gennaims et dicta Joneta foror germana dicti quondam Walteri, et omnes alii ab eo dif 
cendentes, afcendentes, collaterals, et alii quicunque, excludi debent imperpetuum, propter rationes et 
caufas fuprafcriptas ; intimando fupradictis perfonis, et eorum cuilibet, refpectiue, quod fine dictis die 
et loco cum continuatione dierum comparueriut, Hue non, nos, dictufque nofter Jufliciarius in premiffis, 
julliria mediante, procedemus et procedet. INSUPER, citetis peremptorie, coram teflibus, Alanum 
Cathcart de Drumjowan, Petrum Algeo feruum Magiflri Jacobi Donaldfoun Aduocati, Dauidem Crau- 
furdc, Alexandrum Craufurde feruos Domini de Kerfe, Duncanum Craufurde, Joannem Mure de 
Tarquyne, 1 Jacobum M c artour in Knokdone, Gilbertum Mure de Auchinfoull, Gilbertum Kennedy de 
Monunfioun, Arthurum Kennedie filium Dauidis Kennedie de Balfcheroche, Joannem Wilfoun in 
Dalrumpill, Arcbibaldum Gellis coquum, Hugonem Kennedie de Garryhorne, Allanum M t ir in Layne, 
Jacobum Gowdie in Lauderdall, Jacobum M c trutour in Traboyak, ad comparendum coram nobis die- 
tone noflro Jufliciario, dictis die et loco, cum continuatione dierum, ad perhibendum fidele teflimoniuin 
in cauiii predicta, fub pena legis. ET prefentes Literas debite execntas et indorfatas earundem latori 
reddatis. Ex vos qui prefentes executi fueritis, fitis ibidem dictis die et loco, coram nobis feu dicto 
noflro Jufliciario, portantes vobifcum fummonitionis veflre teflimonia infcript. pro premiffis vel ipfos 
tefles. AD quod faciend. vobis et veflrum cuilibet, coniunctim et diuifim vicecomitibus noflris in 
hac parte, noflram committimus poteflatem. DATUM fub teflimonio noflri magni figilli, apud Edin 
burgh, xiij die February 1604, et regni noflri Scotie tricefimo feptimo, anno Anglic, Gallic et Hibernie 
primo. 

THE quhilk Sommondis, with the executiouues and Indorfationes thairof, wer producit be the faid 
Sir Thomas Hammyltonn of Monkland knycht, Aduocat to oure fouerane lord, in prefens of the faid 
Erie of Montrofe, Great Commiffionar of this prefent Parliament, and haill Eflaittis of the fain in Par 
liament, firfl vpoun the tuentie fext day of Aprile lafl bipafl ; and thaireftir the famin wes producit in 
thair prefens, and prefens of the Lordia of Articlis, upoun the tuentie aucht day of the faid moneth of 
Aprile lafl bipafl : Vpoun the quhilk tuentie aucht day of Aprile, the faid Sir Thomas Hammyltoun, 
Aduocat to oure fouerane lord, in his hienes name, pa&Jimpliciter fra the perfute of the faid ROBERT 
MURE, brother germane and apperant air to the faid vraq le Waller Mure of Cloncairde, and Jonet 
Mure his filler, and thair Tutouris and Curatouris, for thair intereffis ; as alfe, pa&Jimpliciter frome the 
haill reflbnes, haill pointis and articlis contenit in the faid Summondis of TreafToun, beirand and con- 
tenand as is abonewrittin, fua far as the famin extendis or may be extendit to the faidis Robert and 
Jonet Mures. Lyk as, alfo this inflant day, in prefens of my Lord Great Commiffionar and haill 
Eflaittis of Parliament, the faid Sir Thomas Rollok, Aduocat depute, in abfens of the faid Sir Thomas 
Hamyltoun, principal! Adnocate, lykwayes padjtmplicilur frome the perfute of the faidis Robert and 
Jonet Mures, and thair faidis Tutouris and Curatouris for thair intereffis ; and alfe pafl Jimpliciter 
frome the haill reflbnes, haill pointis and articlis contenit in the faid Summondis of Treaflbun, fua far 
as the famin extendis or may be extendit to the faidis Robert and Jonet Mures, and thair faidis Tu 
touris and Curatouris : Lykas, the faid Sir Thomas Hammyltoun, principall Aduocat foil-laid, vpoun 
the faid xxviij day of Aprile lafl bipafl, had pafl Jimpliciter frome the famin, of befoir, in prefeus of 
the faidis Lordis of Articles. Vpoun the quhilkis haill premiffis, the faid Robert Mure, for hirafelf 
and his faid fifler, afkit Inflrumentis. 

1 In Act. Pari IV., 269, he la described Johne Mure de Carquhene. 



44 & 9 JAC. VI. CRIMINAL TRIALS. 181 

IV. LORD FOUNTAINHALL'S Abstract of the Case of Mure of Auchindrayne. 1 

THE ftory of the fact is remarkable. AUCHINDRANE, having conceived a deadly feud againft THE 
TUTOR OF CASSILLIS, comes one day to Maybole, with intention to kill him, afiaulted him under 
night, thought to have killed him, had he not been refcued by fome of his neighbours. For which fact, 
Auchindrane and his complices paft to the home. (The Horning was produced by the Advocat.) At 
lenth, this enmity was taken away, not only by publick and fworn reconciliation, but alfo by mar 
riage of the faid Auchindrane s eldejl fone on the Tutors daughter. After which, the Tutor lived 
with Auchindrane in all friendship, truft, and aflurance imaginable. And going in to Edinburgh, and 
willing to do Auchindrane s bufines there, as weill as his oune, he caufed his man leive at the School- 
majlerof Air his houfe, a Letter for Auchindrane, fignifying that he was going for Edinburgh to-mor 
row, and would gladly meet with him at the Weft end of Air, at the Duppils, or 2 he went. This 
advertifement was fent with a fchoolboy called WILLIAM DALRIMPLE, who delivered it to old Auch 
indrane, fitting with Walter Muir of Cloncaird ; who, immediately upon his reading of it, fent back 
the boy, and entreated him to fay, that he had neither got him, nor delivered him the Letter. Then, 
refolved with the faid Walter, to advertife THOMAS KENNEDY of Drummurchy of the certainty of 
Culzain's journey, and the way he intended to ride ; advifing him to ufe that occafione to revenge him- 
felfe on him. The advertifement, with this advice, (he) fends with on 3 Macadam, as is clearly 
proven by the Depofition of Witnefles. Drummurchy, by the advertifement, counfell, and inftigation 
foirfaid, waites the gentleman, in the place he had tryfted 4 Auchindrane ; and moft treafonably mur- 
thours him. Wheirfor, 5 Drummurchy Hands forfaulted by Act of Parliament. 

He, having turned fugitive, was much affifted and fupported by Auchindrane ; who, fearing that 
difcovery of his acceffion to the faid treafonable Murther might be made by the faid William Dai- 
rumple ; to efchew it, caufed him firft to be fecretly conveyed to his houfe, wher he keiped him long 
quiet ; at laft, fent him to Arran, to the Laird of Skelmorly. After fome tyme, returning from thence, 
he fent him away with one that was going to the wars in Flanders, hoping he fould never fee him 
againe. Wheir, having ftayed fome tyme, the boy longed to returne. Being returned, and Auchin 
drane getting notice theirof, he was troubled immediately fetched him to his hous, and put him with 
ane JAMES BANNA TYNE, in Chapeldonald, his tennent ; whom he caufed fetch him with him to THE 
SANDS OF GIRVAN, at 10 a'clock of even ; wher they murdered him, and throw him in the Sea, fo far 
as they could waid. 

This treafonable Murder, with all its circumftances, is moft clearly made out, by the Depofitions of 
Witnefles, who alfo deponed of a fpeciall friendftiip after that, pretended to the faid James Banna- 
tyne ; fo that they gave him a life-rent Take 6 of Chapeldonald. Then they perfuaded him to go out 
of the way to Ireland, giving him a Letter of recommendation to Drummurchy : And after he was 
there, he lacked for nothing. Frequent correfpondence betwixt him and Auchindrane and his wyfe : 
Then, caufed James Cunninghams, bis feruand ther, who knew of their concealing of William Dai- 
rumple, abfent himfelf, for efchewing of tryall. Alfo, the Lady Auchindrane, for the fame reafon, 
abfented herfelfe. Proven by Witnefles, that Auld Auchindrane would have hyred James Penny- 
cuick to go to Ireland, and their to murther Bannatyne. Then he wrote to Stairs, that becaufe he 
was bruited for the flaughter of William Dalrumple, he was willing to tranfact with him theirfor. 7 

1 From Fount. Abstract of Boohs of Adjournal, MS. Adv. Library. It was thought proper to preserve the account 
given by this eminent Lawyer ; but at same time, it appears unnecessary to point out to the reader in how many 
particulars his traditional Account differs from the Record ; which renders it probable that his lordship wrote from 
memory, or noted down the facts from reports then prevalent. * Before ; ere. 3 One. 4 Appointed 

to meet. 5 For which fact. 6 Tack ; lease. 7 That is, he was willing to enter into terms of com 

promise with the relations of the deceased. As they were not wealthy, he considered he could, through the media 
tion of their Chief, the Laird of Stairs or Dalrymple, easily bribe them to silence ; so as either to procure from tbein 
' Letters of Slains,' or at all events, get them to abstain from prosecuting him and his son for the Murder. 



182 CRIMINAL TRIALS. A.D. 1611- 

All which are fo clear evidences and manifefl probations, as could hardly be expected, in fo covered 
and crafty Murthers. 

V. ILLUSTRATIONS relative to the POPULAR SUPERSTITION of touching the 
Corpse of a Murdered person, as an ORDEAL or TEST^br the discovery 
of the Innocence or Guilt of suspected Murderers. 

(1.) OPINIONS entertained by tJie Ancients on the subject of the Blood. 

FROM the earliest periods of History, sacred and profane, it appears to have been the general 
opinion of mankind, in all Nations, that the soul, as well as the vital principle, had t/ieir existence in tin 
blood. This idea was greatlystrengthened by the strong and repeated testimonies afforded in the Sacred 
Scriptures, under the Mosaic dispensation ; where it is expressly laid down, as an undeniable principle, that 
THE BLOOD, witli the spirits therein contained, is the seat and support of life l Without multiplying 
quotations from the Pentateuch, which are extremely numerous, it is enough for the purpose of this 
enquiry, to instance the frequent injunctions of Moses to the Children of Israel, to abstain from blood. 
One of the most remarkable of these passages is, ' Blood with THE LIFE thereof t which is THE BLOOD 
thereof, shall ye not eat ;' 2 and the same injunction was repeated throughout the Law of Moses, in 
almost every various form, which the wisdom and sagacity of the Legislator could devise. It is not 
unworthy of remark, that the early Christians strictly observed this command, which had been repeated 
by the Apostles, to abstain from ' things strangled, and from blood.' This Divine command having 
been given to the Jews, in the subordinate instance of abstaining from the blood of the lower animals, 
in making use of their flesh for the ordinary purpose of food, it was by no means unnatural that they 
should have thence concluded, that THE LIFE or vital principle resided in the blood after Death, even 
after its particles were apparently dissolved, and after the whole mass had returned into its native dust. 
A similar opinion is to be found in Lucretius* and other profane writers, as Empedocles, Critias, 
&e. who held that THE SOUL was a siiffusion of blood about the heart and consequently, that it is the 
blood itself. 4 According to this opinion, Homer gives death the epithet, purple : w^v^tof S*'T. 
Iliad, v. 5, 83 ; Virgil likewise alludes to it : ' Purpuream vomit ille animam' ^Eneid ix., v. 349. 
' Undantoque animam diffundit in arma cruore.' ./Eneid x., v. ult. Nor are we without frequent in 
stances of this in our English poets. Milton says of Abel, 

' He fell, and deadly pale, 

Groan'd out his soul with gushing blood diffused.' 
Sir Robert Blachmore also has the following passage : 

' Gasping he lay, and from the griesly wound 

The crimson life ebb'd out upon" the ground.' 
Lee, in the tragedy of Nero : 

With many a wound she made her bosom gay ; 

Her wounds, like floodgates, did themselves display, 

Through which life ran in purple streams away.' 
And Cowley, David 4 : 

' His life for ever spilt, stain'd all the grass around.' 
It was likewise a very early popular opinion, among profane Greek and Latin authors, that the blood 

1 Gen. ix. 4. See also Levit. &c. passim. ' In modern times, that highly distinguished physician, HARVET, 

the discoverer of the circulation of the blood, maintained the hypothesis, that the blood was actually possessed of a living 
principle, and that the life of the whole body is derived from it ; in which opinion he was supported by the celebrated 
Mr ./nA/i Hunter, and other anatomists and physicians of eminence. It would be foreign to the subject of this Notice 
to enter minutely into the opinions of modern writers, who are extremely divided upon the point. ' ' That they 

know well, the soul consists in blood.' Creech's Lucret. B. Hi. p. 43. 4 Aristotle de Aninia, lib. I. c. 2 ; Ciccru, 
Tuscul. I ; Macrobius on the dream of Scipio, lib. I. c. 14 ; TertuUian of the Soul, cap. 4. 



44&9JAC. VI. CRIMINAL TRIALS. 183 

springs naturally towards that part whence a blow is received ' and they also affirmed that the soul 
pursued with enmity a Murtherer of the body. 2 In conformity with this latter idea, we find that the blood, 
according to the ancients, and especially the Jews, was figuratively, but most emphatically, represented as 
crying to Heaven for vengeance! and that that cry could only be appeased by the shedding of the blood 
of the Murderer. In the powerful language of Holy Writ, the Almighty, when denouncing Cain, the 
first murderer, is represented as exclaiming to him, ' The VOICE of thy brother's BLOOD crieth unto me 
from the ground !' 

Accordingly, in pursuance of this sentiment, the Jews had an Avenger of blood, who was the next 
of kin to the murdered person and whose awful, but imperious, duty it was, relentlessly to pursue the 
Murderer to the death. 

There is no doubt that this ancient opinion of the life being in the blood, continued to be entertained 
by THE EARLY CHRISTIANS of the Western Churches of Europe, so late as the tenth century. An able 
writer 3 asserts, that ' the Holy Church throughout the world did, in its first and purest, and even in 
the darker ages of the tenth century, or later, observe and keep the precept to abstain from eating 
blood and that the Churches of the East and of the South, to this day, reproach the Western Church 
with the violation of this Apostolical constitution.' On this point it may likewise be remarked, that 
Tertullian is said to have written in defence of the doctrine, that the soul was indissolubly connected 
with the blood. 

From these few scattered hints, the application of the doctrine to the instance in question appears 
to be natural and easy. The soul of a murdered man was considered to linger about the body until 
the Murderer could be convicted, and his blood shed to appease the manes of the deceased. Accord 
ing to the remains of this superstitious principle, which are still to be traced in modern times, in va 
rious countries, but especially in Great Britain and Ireland, and in Germany, &c., the prevailing idea 
was, that (even after the blood was dried up and the corpse decayed and mouldered into a mere 
skeleton, nay, though disjointed into separate bones and fragments) the TOUCH or PRESENCE of the 
MURDERER would act upon these decayed relics, and that the life or blood would, upon Appeal being 
made, return to manifest the Murder. 

A very curious instance of this branch of the superstition has been preserved by Sir WALTER SCOTT,* 
who, in an early work, relates the circumstances in his usual felicitous manner : ' Two young men, 
going a-fishing in the river Yarrow, fell out ; and so high ran the quarrel, that the one, in a fit of pas 
sion, stabbed the other to the heart with a fish-spear. Astonished at the rash act, he hesitated whe 
ther to fly, give himself up to justice, or conceal the crime ; and, in the end, fixed on the latter expe 
dient, burying the body of his friend very deep in the Sands. As the meeting had been accidental, he 
was never suspected, although a visible change was observed in his behaviour, from gaiety to a settled 
melancholy. Time passed on, for the space otffty years ; when a smith, fishing near the same place, 
discovered an uncommon and curious bone, which he put in his pocket, and afterwards showed to some 
people in his smithy. The Murderer being present, now an old white-headed man, leaning on his 
staff, desired a sight of the little bone. But how horrible was the issue I No sooner had he touched it, 
than it streamed with purple blood ! Being told where it was found, he confessed the crime, was con 
demned, but was prevented, by death, from suffering the punishment due to his offence.' 

(2.) INSTITUTION of the BAHR-RECHT or LAW OF THE BIER, and FORM of the CEREMONIAL. 

THERE cannot be a doubt that, from very early times, TESTS or ORDEALS were instituted by the 
common consent of almost all Nations, for the detection of hidden and atrocious cases of Murder, 
which had baffled all the ordinary methods of judicial scrutiny. The mysterious doctrines taught by 
the Metaphysicians of the dark ages, on the subject of an universal sympathy and antipathy existing 
in nature, would lead those who believed in their theories to approve of such an obvious Test as that 

1 See quotation from Lucretius, ' Idque petit corpus,' &c. in Del Rio's and De L'Ancre's notices. f Plato, &e, 

1 Dr Deacon. 4 Minstrelsy of the Scottish Border, II. 425. 



184 CRIMINAL TRIALS. A.D. 1611. 

of compelling suspected persons to come forward and touch the murdered corjise and accordingly, the 
BAHR-RECHT, or LAW OF THE BIER, was early recognized, even by Judicial authority, throughout all 
civilized Europe. It is extremely probable, that such a striking ceremonial as that just referred to, 
would first be seized upon by the Clergy ; for it would tend, in a great measure, to strengthen their own 
hands, while it would also promote the interests of ' Holy Mother Church ;' and, at the same time, the 
almost miraculous discovery of secret crimes would directly lead a superstitious and ignorant people 
to give God the glory, and to ascribe to His immediate presence and intervention, the detection and 
subsequent punishment of the Murderer. 

Perhaps it may be premised, that, properly speaking, the recognized ORDEALS or Appeals to the 
immediate interposition of God, being what was termed the Vulgaris Purgatio, or Judicium Dei, 
were the Judicium Ferri callidi, Aquae, et Ignis, i. e. Trials by RED-HOT IRON, FIRE, and WATER. 
In process of time, the JUDICIAL COMBAT, the ORDEAL OF THE CROSS,' and the CROSNED,* or con 
secrated bread and cheese, were added to the other Appeals. In the East, no less than nine Ordeals 
are still in use, viz. the Balance, the Fire-ordeal, the Water-ordeal, the Poison-ordeal, Trial by the 
Cosha or three draughts of consecrated water, the Rice-ordeal, the Ordeal by hot oil, the Ordeal by a 
red-hot Iron ball or lance-head, the Ordeal by Dharmarch, or drawing forth from a jar of certain Images, 
cloth, &c. Amongst all these various forms, the touching of a Murdered corpse is not reckoned as a 
proper Ordeal ; but, as will be immediately shown, it was adopted and recognized as a Test, or popu 
lar Ordeal, both on the authority of the Church and of the Criminal Tribunals of civilized Europe. 

In regard to THE FORM OF THE CEREMONIAL, it must have been extremely imposing; and espe 
cially, when regulated by the Church, who increased the otherwise solemn spectacle by Processions, 
the exhibition of their holy relics, lighted tapers, and all the usual machinery of the Romish 
Church, was admirably calculated to have inspired the guilty uiind of the already conscience-struck 
Criminal with awe and terror, and eventually compel him to confess his enormous crimes, in the face of 
the assembly. 

The mangled body of the murdered person was stretched upon a bier, covered with a fair linen cloth, 
and placed before the High- Altar ; when, after a procession of Priests hymning an anthem, the suspected 
person was conducted forward to the High- Altar, where, after performing his devotions, the face of the 
deceased was uncovered before him. He was then called upon to place one hand upon the mortal 
wound, and often the other upon the mouth of the deceased and, in that posture, to invoke Heaven to 
attest his innocence- 4 at the same time calling down its curses and instant vengeance on his head, should 
he, after such asseverations, be guilty. If, on his approaching the body, or during the above ceremo- 

1 Two pieces of wood were prepared exactly like each other ; but on one of them was the form of the Cross. Both 
being wrapped up in fine wool, were laid on the altar, and after prayers, &c., a Priest approached the Altar, and took 
up one piece, which if it proved to be that on which the Cross was cut, the accused was found innocent. Other solem 
nities, unnecessary to be noted, also took place. * This primitive Ordeal was thus performed. A piece of barley 
bread and a piece of cheese were laid upon the Altar; and, after various Prayers, at length the Priest fervently peti 
tioned, that ' if the party accused was guilty, God would send his angel Gabtiel to stop his throat, that he might not 
be able to swallow that food.' This ended, the accused advanced to the Altar, took up the bread and cheese, and com 
menced eating. If he swallowed deliberately and freely, he was declared innocent but if he could not swallow them, 
be was pronounced guilty ! This coincides with the Eastern Ordeal of the Rice, &c., and originates in this well- 
known circumstance, that persons labouring under violent mental excitement, such as accusation of a crime of which 
they are conscious of guilt, are, in a great measure, deprived of the natural supply of saliva necessary for the process of 
mastication and deglutition ; and, consequently, it would generally happen, that the strong mental struggle under 
which the accused was suffering, would be the means of preventing his fulfilling, what, at first sight, appears so foolish 
and simple a Test. It is hardly necessary to remind the reader, that barley bread which has been buken for several 
hours, requires a considerable quantity of liquid to enable one to swallow it. The pungency of the cheese would act 
as a sufficient stimulant to assist an innocent person who was required to undergo this Ordeal ; but would merely 
increase the confusion and hasten the discomfiture of one whose mouth was already parched with conscious fear and 
remorse. It was almost universally noticed, that the guilty greedily snatched large "mouthfuls, under the mistaken 
idea of getting sooner over with it ! and that usually a second or a third attempt to swallow produced cough and 
constant choking, so as to force them to desist, and either to confess their crime, or permit sentence to be passed against 
them in eilence. On the other hand, innocent persons leisurely ate the portion given them, with little or no incon 
venience. It will be found, upon examination, that many similar Ordeals and rites proceeded on the like minute 
knowledge of natural causes. 



44 & 9 JAC. VI. CRIMINAL TRIALS. 185 

nial, the blood should gush from the mouth, nostrils, or wound this was held sufficient evidence of 
his guilt. 

The reader may here be reminded, that the Ceremony, thus shortly and imperfectly described, was 
only reserved for extreme cases, where all legal proof had failed ; and where there was strong circum 
stantial evidence to implicate the party accused, either as ' guilty actor, art, or part' of the Murder. 
It is impossible to state precisely what Nation first practised this Ordeal, but it was obviously founded 
on a deep knowledge of human nature. Few even of the most hardened and practised villains could 
have undergone such a Test unmoved ; and when it is considered that the act was performed in the 
presence of the Judges, Clergy, and the accusers, it would generally be easy to distinguish between 
the confusion of an innocent person accused of the crime, and the terror and conscience-struck counte 
nance and demeanour of the Murderer ; and even should he have nerve enough to brave the worst part 
of this severe Ordeal, his very confidence and studied boldness would prove the means of his detection. 

The accidental bleeding of the corpse, also, might overthrow the assumed courage of the Murderer, 

and, in fact, was often the means of producing the most abject Confession of the crime ; and compelled 
the recreant felon to utter cries for mercy, which even the torture had failed to extort. 

Nothing can so well illustrate this remarkable Ceremonial, as the following powerful passage from 
the pen of the greatest living writer of this age, who has bestowed much attention on such subjects ; 
and has done more towards the elucidation of the manners, customs, and superstitions of this country 
than any preceding author. ' The eastern window, richly and variously painted, streamed down a 
torrent of chequered light upon the high altar. On the bier placed before it were stretched the mor 
tal remains of the murdered man ; his arms folded on his breast, and his palms, joined together, with 
the fingers pointed upwards, as if the senseless clay was itself appealing to Heaven for vengeance 

against those who had violently divorced the immortal spirit from its mangled tenement 

The face was bare, as were the breast and arms. The rest of the corpse was shrouded in a winding- 
sheet of the finest linen, so that, if the blood should flow from any place which was covered, it could 

not fail to be instantly manifest He paused before the Bier, and his voice faltered, as he 

swore by all that was created in six days and six nights, by Heaven, by Hell, by his part of Paradise, 
and by the God and author of all, that he was free and sackless of the bloody deed done upon the 
Corpse before which he stood, and on whose breast he made the sign of the Cross, in evidence of the 
Appeal. No consequences ensued. The body remained stiff, as before. The curdled wounds gave 
no sign of blood.' 1 

Another writer, to whom the Antiquities and History of England has been vastly indebted for the 
large stores of information rescued by him from sources which may be termed as generally inaccessi 
ble, even to the great bulk of antiquaries, has, in a posthumous work, professedly undertaken for the 
purpose of illustrating the Superstitious observance now under consideration, embodied the result of 
his enquiries in the following striking passage. 2 

< BARON. At thy request th' Ordeal is prepared : 
I grant thee this appeal ! What, though it claims 
With me no faith ? By custom authorized, 
Let it be made. At least, this good results, 
We better satisfy the common mind. 

BENEDICT. Experience, good my Lord, has often proved 

1 Sir Walter Scott's Fair Maid of Perth, vol. ii. p. 306. Strutt's Test of Guilt, or Traits of Ancient Stt- 

perstition ; Quarto, Lond. 1808, p. 79 ; a posthumous work of the celebrated English Antiquary, Joseph Strutt, 
published by his son. Unfortunately Mr Strutt did not live to compose the notes which he had intended to prepare 
illustrative of this remarkable subject, which would have put the Public in possession of all that was worthy of 
knowing about it. As it is, the Editor has done his best to pave the way, by providing materials for some abler 
and more successful Antiquary doing justice to such an enquiry, in a regular treatise. 

VOL. III. 2 A 



186 CRIMINAL TRIALS. A.D. 1611. 

That ProTitlence, in such Appeals as these, 

Has manifested suddenly its power, 

And struck the guilty mind with sharp remorse 

Enforced confession or abash*d the heart, 

That, coward-like, th' offender has shrunk hack 

Confused, and manifested signs of guilt 

Too plain to be mistaken. 

BAR. I, indeed, 

Have heard such tales. Well, Father, then proceed. 

BEN. Before the holy Altar lies the corpse 
Here let th' accused come and come with him 
All his accusers no exception made : 
They all must touch the body. 'Tis with us 
To scrutinize with care each countenance 
For then 'twill be an index of the heart, 
Unless the heart be callous to all good, 
Devoid of feeling, nay, be changed to stone. 

BAR. Proceed and may success clear up my doubt ! 
But miracles, I ween, are out of date. 

BEN. Let young Fitzhugh approacli and bring with him 
All his accusers. Now begin the rites. 

[A procession of priests, stuffing a dirge and when ranged on bot/t 
sides of the altar, conclude with a chorus. 

BEN. HENRY FITZHUGH, come forward ! Touch the corpse 
May Holy Saints protect the innocent ! 

HENRY. Thy mangled body, Dorothy, I touch 
And make, with all my soul, Appeal to Heaven ! 
Ah ! could those ghastly wounds hot speak, they would 
Proclaim mine innocence ! But I submit. 

BEN. Pass on, my son. You see, no change appears 

[Aside to the BARON. 
Come forward, his accusers and first, thou, 

[To GRIM. 
Most loud against him touch, and make Appeal! 

GRIM. Why should I touch her? No I I will not yield 
To such fond Superstition ! I stand not 
Within the pale of accusation ! No ! 

BEN. What then can hinder thee to make Appeal ? 
If thou be guiltless, Heaven is thy friend I 

GRIM. Or friend or foe, I will not make Appeal I 

BEN. Thou art afraid. Thy conscience is not dear ! 

GRIM. 'Tis false ! I'm innocent ! Well, if I must 
Join in the folly What is to be done ? 

BEN. Look up to Heav'n, and touch the breathless corpse. 

.[GRIM strikes his hand dotcn suddenly and then starts from the body, 

RALPH. See ! Where Grim touch'd, the blood has gush'd afresh !' 




xj^vv/^vir ( l/nvn*&-&~^i 




44&9JAC. VI. CRIMINAL TRIALS. 187 

(3.) OPINIONS relative to the abstract question, whether the CORPSE of a Murdered person BLEEDS 

on the touch of THE MURDERER ? And the causes and consequences of such an exhibition. 
IT is the Editor's conviction, that the most satisfactory, as well as the most faithful, manner of 
treating matters of an abstruse and forgotten description, such as the Superstition under examination, 
is, to afford to the reader miscellaneous extracts from writers of various ages and countries, who have 
commented on the subject. Besides being the plan laid down at the outset of this work, this mode 
enables the reader to examine their theories and conclusions in the very language of the respective 
authors themselves, many of whose works are now of rare occurrence, and are very seldom consulted, 
excepting for the explanation of similar facts. 

In the preceding remarks it has been shown that the ancient opinion was, that the Soul of a Mur 
dered person lingered about the body, until appeased by the discovery of the foul deed, and by the 
subsequent shedding of the Murderer's blood. It is obvious, therefore, that on the original institution 
of this Test or Ordeal, during the earlier and in the dark ages, the purpose of requiring the accused to 
prove his innocence before the Corpse, originated in the idea and belief, that by the Murderer's ap 
proach, and especially by his polluted touch, the Soul was excited to an instant manifestation of its in 
dignation, by appearing in the form in which it was supposed to subsist, viz. in that of blood. 

(i.) To commence, then, with the examples alluded to, Delrio, 1 who is the great authority on such 
subjects, remarks, < Cadaver coram occifore, propter praecedentem contactum, fanguinem folet fundere. 
Refp. Varias reddi caufas, quidam miraculo tribuunt ; quidam cafui, quo factum fit aliquando, ut ca 
daver turn cruorem mitteret, cum prsefens erat reus Homicidii. Recenfui alio loco multas hac de re 
sententias et auctores laudavi : 2 Neque adhuc dum video, quid folidius adferatur ilia antipathia, ex 
vehementi odio occifi in occiforem ; quod qualitatem latentem et arcanam impreflerit corpori, cum 
cadavere permanentem : Et hue referendum illud Lucretii : 

Idque petit corpus mens unde eft faucia amore. 

Namque homines plerumque cadunt in vulnus, et illam 

Emicat in partem fanguis, unde icimur ictu. 

Etfi cominus eft, hoftem ruber occupat horror I 

Ut fit vivi amantis et mortui hoftis comparatio.' 3 In treating of ORDEAL BY WATER he thus ex 
presses himself: ' Octavum argumentum, tefte Binsfeldio, Indicium homicidii ex cadauere fangui- 
nante coram occifore petitum, videturjbli Diuino miraculo adjbribendum : Ergo fentiendum fimiliter 
de fagis fupernatantibus ? Refpondeo, quid de antecedente fentiam, hoc opere non femel me indicaffe ; 
fed efto, fit adfcribendurn miraculo : An eadem ratio huius probse ? Dicis non probas. Ego qui 
nego difcrimen dabo. Nulla in fanguis ilia miflione caufa fubeft fufpicionis de pacto cum Daemone ; 
nihil illic mifcetur fuperftitiofi : non queritur illic a Deo fignum ; et proinde nee Deus tentatur,' &c.* 

(ii.) HE also mentions in another place : 5 ' Ex communi opinione Doctorum et Judicum, fi cada 
ver pofitum coram reo fanguinem emittere inciperet vel ex vulnere, vel ex ore, vel ex naribus, hoc indi 
cium quidam magni faciunt, et de ejus cum alias a me difputatum hoc eodem opere. Ego iftud indi 
cium nunquam exiftimarem fufficere ad torturam, quicquid graves doctores quidam in contrarium 
dixerint. 6 Moveor, quia vere eft indicium reraotum, et quail prodigiofum, de cujus cum non conftat, 
et incertiffimum, quod nullo jure vel caufa juridice probata nobis conftat, et tortura maximi eft preju- 
dicii. Quare nifi accedant fama, minae, inimicitias, vel fimile adminiculum, nunquam ad torturam ex 

1 Disquisitionum Magicarum libri sex, &c. Martini Delrio, Edit., Venetiis, 1606. Lib. i. cap. 3, q. 40. * Com 
ment, in Octaviam Senecae, ver. 127. * Sic Lemnius, lib. 2 ; De occultis naturae miraculis, cap. 7 ; Langius, epist. 
40. Pictorius, Dialog. 9 ; Gemma, lib. 1 ; De caracterism, cap. 6. 4 Delrio, Lib. iv. cap. iv. qusest. v. de 

proba aqua? frigidae, &c. 5 Delrio, lib. v. p. 25. 6 Post Ang. et Parid. Boerius decLs. 166 ; Blanchus de ind, 
ad 1. fin. de quaest. n. 408 ; Carver, tract, de indie. ; Indi. 27, n. 2 ; Novel, regu. 184 ; Menoc. de arb. cas. 270,. 
n. 16 ; et de praesu. 1. 1, q. 89, n. 128; et alii. 



188 CRIMINAL TRIALS. A.D. 1611. 

hoc indicio Deum tiinenti judiri procedendum, affirmavit Farina, nu. 15G poft Ant. Gomez, lii. fiiiV- et 
prndenter hoc difcutientem d torn. 3 cap. 13 a num. 15, et Marfil. in pract. et diligenter num. 181. 
Ma/card et alios. 

(iii.) ANOTHER author, who was Counsellor of State to King Louis XIII of France, makes the 
following interesting observations, under the Title, ' DKS ATTOUCHEMENSDES HOMMES : S^aiioirji 
TO Meurtrier fapprochanty ou touchant le corps d'vn homme qu'il a meurtry, en pevtfaire reiallir dtt 
fang. ' JE commenceray par ce train coimnun, que le Corps d'vn homme meurtry, eftant touch6 ou 
uppnu In- de Meurtrier, fait reiaillir du fang, tefmoignant qu'il entre aulli-toil en accnfation, et crie ven 
geance contre luy, voulant comme tirer a compaflion tous ceux qui le voyent, et comme les efmounoir 
a lay en faire auoir raifon. Thcodoric vit dans roe efcaille on tect de poifibn, qui lay fut feruy a 
table, la tolle de Symmachus, qu'il avoit tue, laquelle le menacoit, verfant du fang en quantite, deqnoy 
il eut fi grande frayeur, qu'il en mourut bien-toft apres. t ne fcay li ce qu'on dit y eft. neceflaire 
qn'il faut que ce foit vn corps fraifchement aflalfine. Veu qu'vn homme d'honnenr, faifant le procez a 
vn Meurtrier, in 'a afleure, que, 1'ayant approche dn corps qu'il nioit auoir tue, ietta du fang par le nez 
aflez abomlarnment, apres le feiziefme iour de 1'homicide commis. Snr quoy Del-Rio dit, qu'il ne 
voit aucune raifon plus folide que celle de 1'antipathie qui ell entre le Meurtry et le Meurtrier, etlenr 
haine, la quelle aggraue certaine qualm'- latente et cachee, et la tient imprimee dans le corps demeurant 
encore auec le cadauer; employant Id-deflus ces vers de Lucrece : " Idque petit," &C, 1 Comme Til 
auoit quelque conuenance et raport, entre vn amy viuaut , et vn ennemy mort ! 

4 Mais la rente eft, qu'on ne fcauroit colliger de In nulle forte de charme, caufe par la veue ou par 
1'attouchement, vn corps mort eftant bien d'autre nature, que celuy d'vn homme viuaut. Et de dire 
que c'est quelque diflenfion cachee, qui tefmoigne 1'inimitie qui eft entre enx, laquelle ce corps ainii 
outre, faict encore paroiftre apres la mort, le declarant par cefte emiflion de fang. On ne fcauroit 
rendre nulle yaifon valable de cefte difienfion. Et fe peut dire, qu'aucuns ont auancc et tenu cefte ex 
perience pour veritable, pour 1'auoir parauanture eflaye ou veue vne feule fois et par cas fortuit. Car 
il fe peut faire que le corps d'vn homme mort, qui a demeure feize iours gifant en repos en quelque 
lieu, eftant renim- pour fouffrir quelque vilite de Chirurgiens, efmonnera par ce mouuement le fang qui 
feft retire 6s veines, et le fera fortir en abondance. Mais cela n'arriuera pas pluftoft en la prefence du 
Meurtrier, que du Juge qui luy faict le procez, ou deuant quelqu'autre que ce foit.' 2 

(iv.) THROUGH the kindness of DR SAMUEL HIBBERT, late Secretary to the Society of Anti 
quaries of Scotland, F.R.S.E., &c. whose philosophical, geological, and antiquarian researches have justly 
entitled him to a very conspicuous rank in the literature of his country, the Editor has an oppor 
tunity of giving the following interesting extract from a rare volume in his Collection, entitled, 
' Physiologic* Epicuro-Gqffendo-Charltoniana: or a Fabrick of Science Natural, upon the Hypo- 
thefis of Atoms, &c. &c. By Dr Walter Charleton, Phyfician to the late Charles, Monarch of Great 
Britain.' London, 1654. In this singular treatise, the author, in discussing ' the cause of the fresh cru- 
entation of the Carcass of a Murthered man, at the presence and touch of the Homicide^ thus expresses 
his opinion : THE cruentation (and, according to fome reports, the opening of the eyes 3 ) of the Car- 
cafs of a Murthered man at the prefence and touch of the Homicide, is, in truth, the nobleft of anti 
pathies : And fcarce any writer of the fecrets or miracles of nature, hath omitted the confideration 
thereof. This Life in Death, Revenge of the Grave, or loud langnage of filent Corruption, many ve 
nerable and Chriftian Philofophers have accounted wholly miraculous or fupernatural, as ordained and 
effected by the jull judgement of God for the detection and puniihment of the inhumane Aflafllne ! 

1 The same verses as in Delrio's quotation are here repeated. * DE L'Axcai, Conseiller du Roy, Lud. XIII. 
en son Conseil d'Estat, sur t IncretlvlHi et Mescreancc dv Sortilege. Quarto, Paris, 1622, fol. 153. The curious 
reader is likewise referred to the following old authorities, Vtrir, 1. 2, c. 10, De Fascino. Del A'/, >. de Contactu. 
Lemxius, de Occultls nature miraculis, cap. 7, &c. * See the due of Jane Norkott, afterwards quoted, p. 192. 



44&9JAC. VI. CRIMINAL TRIALS. 189 

And, left we fhould feera too forward to expunge from the mind of any man the belief of that opi 
nion, which to fome may be a more powerful argument than the exprefs command of God, to deterr 
them from committing fo horrible and execrable a crime as Murder, we fhall fo far concurr with them 
as to conceive this effect to be Divine only in the in/titution, but meerly natural in the production or 
immediate caufes. Becaufe the apparence feems not to tranfcend the capacity of natural means, and 
the whole fyndrome and feries of its caufes may be thus explained. It is an opinion highly confenta- 
ncous, that in every vehement paffion there is formed a certain idea, as well of the object whereupon 
the imagination is moft intent, as of the good or evil connected unto, and expected from, that object ; and 
that this idea is, as it were, imprefled, by a kind of inexplicable figillation upon the fpirits, at the fame 
inftant the mind determineth to will the prefent profecution or avoidance of the object ; fo that, by 
the mediation of the fpirits (thofe angels of the mind), the fame idea is tranfmitted to t/ie blood, and, 
through the arteries, diffufed into all parts of the body, as well into the nerves and mufcles, which are 
infervient to fuch voluntary motions as are requifite to the execution of the decrees and mandates of 
the will concerning the profecution or avoidance of the object. This being fo, we may conceive that 
the phanfy of the perfon aflaulted by an afiafiine, having formed an idea of hatred, oppofition, and re 
venge ; and the fame being charactarized upon the fpirits, and by them diffufed through the blood ; 
though the blood become much lefs fluid in the veins after death, by reafon the vital influence and pul- 
fifick faculty of the heart, which animated and circulated it, is extinct, yet, becaufe at the prefence of 
the Murderer, there ifiue from the pores of his body fuch fubtile emanations as are confimilar to thofe 
which were emitted from him at the time he ftrove with, overcame, and killed the patient ; and thofe 
emanations entering the dead body, doe caufe a frefh commotion in the blood, remaining yet fome- 
what fluid in its veins, and, as it were, renew the former colluctation or duell betwixt the yet wholly 
uncondenfed fpirits of the (lain and thofe of the Homicide ; therefore is it that the blood, fuffering an 
aeftuation, flows up and down in the veins to feek fome vent or fallyport, and finding none fo open as 
in thatpart wherein the wound was made, it iflues forth from thence ! And where the Murthered per- 
fon is deftroyed by ftrangulation, fuffocation, or the like unbloody death, fo that there is no manifeft 
folution of continuity in the fkin or other exterior parts of the body, in that cafe it hath been obferved 
that the carcafs bleeds at the mouth or nofe, or both ; and this only becaufe in all vehement ftrivingR, 
and efpecially in colluctation for life, the fpirits and blood flow moft plentifully into the arteries and 
veins of the head, as is viflble by the great rednefs of the eyes and face of every man that fights ; and 
where the blood fixeth in moft plenty, there will be the greateft tumult, seftuation, and commotion 
when it is ferment, agitated, and again fet afloat, by the Difcordant Effluvias emitted from the body 
of the neer approaching or touching Murtherer and, confequently, there inuft the veflels fuffer the 
greateft ftrefs, diftenfion, and difruption, or apertion of their orifices.' 

This passage fully explains the extraordinary opinions which were formerly entertained by the most 
eminent physicians, in England, during the reign of King Charles II. 

(v.) DR HIBBERT likewise transmitted the following extract from the well-known work, entitled, 
' Ludovici Lavateri Theologii eximii de Spectris, Lemuribus, variifque praefagitionibus Tractatus vere 
aureus.' 1 ' Aliquis a latronibus interceptus fuit ; accedentibus latronibus ad cadaver >t /?a&'m ccepit recen- 
temjanguinemjlillare, aut aliis fignis preefentiam latronis fignificari. Plato, 1, Legum I, 2 traditeorum 
qui occifi funt animas, fjepe interfectorum animas hoftiliter infequitendi. Marfilim Ficinus forte con- 
tingere putat, ut occifi hominis vulnus etiam jacente cadavere in eum qui vulneraverat, fi modo ille 
cominus inftet, vulnus ipfum infpiciens, fanguinem rurfus ejiciat, quod quidem evenire Lucretius affir- 
marit, et Judices obfervarint. Dido apud Virg. minetur JEnece: Et cum frigida mors anima fe dux- 
erit artus, omnibus umbra locis adero ; dabis, improbe, psenas. Similis locus eft apud Horat. et alios 

1 Lugduni Batav. Apud Henricum Verbicst. Anno 1659. * Lib. xri. cap. 5, De Animorum Immort. 



CRIMINAL TRIALS. A.D. 1611. 

Poetas. Latro nfledit menfse, everfo poculo, vinum per folidam lignum roenfie manavit omnium magna 
admiratione.' 

To conclude these Notices, the Editor, without offering farther observations on this branch of the sub 
ject, presents a variety of other extracts, all bearing on the same point, and tending to show the univer- 
sal concurrence of Lawyers, Divines, Historians, Physicians, and Philosophers, in the ancient opinions 
already related as obtaining so general a belief over the civilized world, and especially in Europe. 

(vi.) < IN afecret Murther, if the dead carkafle be at any time thereafter handled by the Murtherer, 
it will gufh out of blood ; as if the blood were crying to Heaven for revenge of the Murtherer.' King 
James VI, Dcemonologie, p. 136. 

(vii.) I HAVE heard, by credible report, that the wound of a man murthered, renewing bleeding 
at the prefence of a dear friend or of a mortal enemy. Divers alfo write, that if one pafs by a mur 
thered body (though unknown), he fhall be ftricken with fear, and feel in himfelf fame alteration, by 
nature.' Scot's Discovery of Witchcraft, p. 170. 

(viii.) ' WHO can alleage any certaine and firrae reafon. why the blood runnes out of the wounds 
of a man murdred, long after the Murder committed, if the Murderer be brought before the dead 
bodie ? Galeotus Martius, Jeronymus Maggius, Marfilius Ficinus, Valleriola, Joubert, and others, 
have offered to fay fomething thereof. Who (I pray you) can Ihew why, if a defperat bodie hang 
himfelfe, fuddenlie there arife tempefts and whirlewinds in the aire ?' Living Librarie, fol. Lond. 
1621, p. 283. 

(ix.) ' WHY dead bodies bleed in the prefence of their Murtherers ? Becaufe nothing is fo hidden from 
Juftice as Murder, they ufe not only torments of the body, but alfo the torture of the foule, to which 
its pafiions doe deliver it over, of which Feare difcovering itfelfe more than the reft, the Judges have 
forgotten nottiing that may make the fufpected perfon fearefull. For, bolides their interrogatories, 
confronting him with witneffes, fterne lookes, and bringing before him the Inftruments of Torture, as 
if they were ready to make him feele them, they perfuade him that a carkaffe BLEEDS in the prefence 
of his Murt/ierers, becaufe dead bodies being removed doe often bleed ; and then, he whofe confcience 
is tainted with ihejynterejts of the fact, is troubled in fach fort, that by his mouth or gefture he often 
bewrayes his own guiltinefle, as not having his firft motions in his owne power.' Five Philof. queft. 
anfwered, 4to, Lond. 1653. 

(x.) IN the AtJienian Oracle, I. 106, there is inserted a particular relation of a corpse falling a-bleed- 
ing at the approach of persons supposed to have in any way occasioned its death. The phenomenon is 
thus endeavoured to be accounted for. The blood is congealed in the body for two or three days, 
and then becomes liquid again, in its tendency to corruption. The air being heated by many perfons 
coming about the body, is the fame thing to it as motion is. 'Tis obferved that dead bodies will bleed 
in a concourfe of people, when Murderers are abfent as well as prefent ; yet legiflators have thought 
fit to authorize it, and ufe this trial, as an argument at leaft, to frighten, though 'tis no conclufive one 
to condemn them.' Vid. also p. 193. 

(xi.) IT is a thing known, yea, by many undeniable inftances witnefled, that marvellous difcovery 
of concealed Murder, by the bleeding of the body, upon the touch of the Murderer ! l I confefs, it 

1 ' ^V^lat is it that should make men's guilt so legible oft in their countenance, even when they study most to con 
ceal it ; and thus cause them give their tongue the lie, yea, bewray to bystanders whether they will or not some 



44&9JAC. VI. CRIMINAL TRIALS. 

fhould be hard to aflert the lawful and warrantable practice of fuch an Appeal to fo extraordinary and 
ftupenduous a fign from the Lord, where Scripture goeth not clearly before us. But, on the other 
. hand, fuch a thing fo furely tried for fuch an end, and in the cafe where all ordinary means of difco- 
very have been wanting, I think, calleth us to a ferious remark thereof, while it fo vifibly feemeth to 
witnefs his hand who doth make inquifition for bloodl' 

(xii.) SIR KENELM DIGBY takes it for granted that a Corpse often bleeds on such occasions and 
thus accounts for the phenomenon. < And to this caufe, peradventure, may be reduced the ftrange effect 
which is frequently feen in England, when, at the approach of the Murderer, thejlain body fuddenly 
bleedeth afre/Ji. For certainly the Souls of them that are treacheroufly Murdered by furprife, ufe to 
leaue their bodies with extreme unwillingnefs, and with vehement indignation againft them that force 
them to fo unprovided and abhorred a paflage I That Soul, then, to wreak its evil talent againft the 
hated Murderer, and to draw a juft and defired revenge upon his head, would do all it can to manifeft 
the author of the fact ! Tojpeak it cannot for in itfelf it wanteth the organs of voice ; and thofe it 
is parted from are now grown too heavy, and are too benummed, for to give motion unto : Yet fome 
change it defireth to make in the body, which it hath fo vehement inclination to ; and therefore is the 
apteft for it to work upon. It muft then endeavour to caufe a motion in the fubtileft and mofl fluid 
parts (and confequently the moft moveable ones) of it. This can be nothing but THE BLOOD, which 
then being violently moved, mufl needs gujh out at thofe places where itfindeth ij/ue /' 

(xiii.) EXTRACT from a Letter, the Rev. H. Cross, Caithness, Jun. 11, 1712, to the Rev. Robert 
Wodrow. 8 ' Some Murthers in this cuntry have been difcovered, by caufeing Jujpected perfons touch 
the deid corps ; which upon their touching have immediatly bled ; wherupon fome have confefied guilt, 
and have been executed. I cannot tak up time in telling the particular circumftances thereof.' 

(xiv.) MR BURNETT/ in treating of presumptive evidence, remarks, that ' in various Trials for Mur 
der, we find the notion of the corpse bleeding, if touched by the Murderer, a circumstance founded on. 
In Stewart Abercombies Case, 4 we see it stated, in the Information for the prisoner, as a circumstance 
in his favour, that he had, without fear or dread, gone and touched the body of the person murdered. 
And in the Case of Howatson, 5 before Lord Justice-Clerk Cockburn, we find it stated and insisted on 
as a strong circumstance of suspicion against him, that he had refused to go to the lifting of the corpse. 
This even is stated as one of the circumstances in the Interlocutor of relevancy ; and perhaps rightly 
so, on the supposition of the popular belief of THE MURDERER'S TOUCHING THE CORPSE/ 

(4.) PARTICULAR INSTANCES where the CORPSES of Murdered Persons have been TOUCHED, as a 
TEST OF GUILT REMARKABLE CRIMINAL TRIALS, in which this circumstance was founded 
on THE OPINIONS OF LAWYERS, &c. 

(i.) THE earliest recorded notice which the Editor has been able to find, in British History, of this 
superstitious custom, is in Buchanan's History of Scotland ; 6 who relates, that, in A.D. 972, after the 
atrocious Murder of KING DuFFUs 7 by the assassins hired by Donald r Governor of the Castle of For- 
res, they ' carried him out so cunningly a back way, that not so much as a drop of blood appeared,' 

secret trouble and sore they have within ? Doth it not clearly show the power of Conscience, which hath such autho 
rity on men, that without violence or constraint from others, doth even force them to confess the truth, and supply 
the room of witnesses.' Fleming's Fulfilling of the Scripture, 3d edit. Glasg. 1681. 

1 Ibid. 2 WODROW MSS. Orig. Letters. Quarto, XIX. ' Remarkable Providences.' Adv. Library, Edin 

burgh. No traces can be had of the particular instances to which the Rev. Gentleman alludes. They would doubt 
less prove of much interest, could they be still discovered. s Burnett on Crimes, p. 529. (Note.) 4 Jan. 
and Feb. 1718. 5 James Howatson, tried for Murder, at Dumfries, May 1727. 6 Buchanan's History of 
Scotland, Ed. 1762, i. 247. 7 Son of King Malcolm I. He was murdered A. D. 972. 



192 CRIMINAL TRIALS. A.D. 1611. 

&c. ' The executioners of that bloody fact were sent out of the way hy Donald ; because there is an 
opinion, received from our ancestors, which as yet obtains amongst the vulgar, That BLOOD will issue 
from a dead body, many days after the party s being murdered, IF THE MURDERER BE PRESENT ;just 
at if the fact had been newly committed.' This takes it for granted, that the understanding was, that 
the TOUCHING of the corpse must have been infinitely more available, towards the discovery of the 
Murderer. 

(ii.) RAPIN' records a circumstance, as having occurred at the interment of KING HENRY II. of 
England, A.D. 1189. That monarch having fallen sick at Chinon, caused himself to be carried into 
the Church, before the Altar ; where, after confessing himself, and expressing repentance, he expired. 
' His corpse was removed to Font-Evrand, in Anjou, where he was buried, according to his own order. 
An extraordinary accident rendered the funeral of his body very remarkable. His son RICHARD (Cceur 
de Lion) coming to meet the funeral pomp, in order to attend his father to his grave, upon his ap 
proach THE BLOOD in great abundance gushed out of the mouth and nostrils of the corpse ! RICHARD, 
though naturally very hard hearted, was so moved at this sight, that he burst out into tears, and openly 
accused himself of being the occasion of his father's death.' Hume 1 adds, that * he exclaimed, agree 
ably to a vulgar SUPERSTITION, that he was his fathers MURDERER !' 

(iii.) BUT, without attempting too laborious an investigation of our early Historians and Chroni 
clers on so insulated a point, it is enough for our purposes to preserve the memory of such Cases as 
have been peculiarly striking, and which have occurred nearer to our own times. Accordingly, one of 
the most remarkable instances of Touching as a Test of Murder, 3 is the Case of the Murder of JOHAN 
NORKOTT, wife of Arthur Norkott, the incidents of which were fortunately preserved amongst the 
papers of Sir John Maynard, Sergeant at Law, 4 and afterwards one of the Lord Commissioners of the 
Great Seal of England, &c. who noted the particulars at the Trial, at the bar of the King's Bench, 4th 
Car. I. (1628.) This eminent Lawyer's Notes are followed here, as closely as possible, in his own words. 

' Johan'Norkott having been murthered, the queftion was, How fhe had come by her death ? The 
Coroner's Inqueft, on view of the body, and Depofitions of Mary Norkott, John Okeman, and Agnes 
his wife, inclined to find JOHAN NORKOTT Felo defe; for the evidence perfuaded the Coroner and 
Jury that ihe was found dead in her bed, the knife fticking in the floor, and her throat cut that the 
night before, fhe went to bed with her child, her hulband being abfent and that no other perfon, after 
Ihe had gone to bed, came into the houfe the Examinants lying in the outer room, and they muft needs 
have feen or known if any ftranger had come in. Whereupon the Jury gave up to the Coroner their 
Verdict, that ihe was Felo defe. 

' But afterwards, upon rumour among the neighbourhood, and their own obfervation of a variety o. 
circumftances, which manifefled, that fhe did not, nor, according to thofe circumftances, could pofli- 
bly murther herfelf the Jury, whofe Verdict was not yet drawn into form by the Coroner, defired 
that the Body, which had been buried, might be taken up out of the grave. The Coroner afiented to 
their defire ; and THIRTY DAYS after her death, Ihe was taken up, in prefence of the Jury and a great 
concourie of people ; and, in confequence of what tranfpired, the Jury altered their former Verdict. 

' The perfons accufed were tried at Hertford AJJtzes, and Acquitted ; but fo much againft the Evi 
dence, that Judge Harvey exprefied his opinion, that it were better an Appeal were brought, than fo 
foul a murder fhould efcape unpunifhed. 

1 Eapin, FoL Lond. 1784, i. 221. Hume's Hist, of England, 8vo. Edin. 1805, i. 484. See also Bened. 

Abb., p. 547. Brompton, p. 1151. Mat. Paris, p. 107. See also Gent. Mag. (Sep. 1731,) i. 395. EOis's 

Brand's Popular Antiquities, ii. 543. 4 See Howdts Slate Trials, xiv. 1324. But especially History of the Works 
of the Learned, for the year 1739, Art. 12, to which curious publication Sir John Maynard's Papers were origi 
nally communicated by Dr Rawliwon. 



44&9JAC. VI. CRIMINAL TRIALS. 193 

Accordingly, at the enfuing Eafter term (Pafcha, 4 Car.), they were tried on the Appeal, which 
was brought by the Young Child againft his father, grandmother, and aunt, and her hufband Okeman. 1 
The Minifter of the Parijh* where the Murder was committed, depofed, " That the Body being taken 
up out of the grave, thirty days after the party's death ; and lying on the grafs, and the tour defendants 
being prefent, were required each of them to TOUCH THE DEAD BODY. Okeman s wife fell upon her knees, 
and prayed to God to fhew a Token of her Innocency, or to fome fuch purpofe her very words I have 
forgot. The Appellees did touch the dead body ; whereupon the brow of the dead, which before was 
of a livid and carrion colour, 3 begun to have a dew or gentle fweat arife on it, which increafed by de 
grees, till the fweat ran down in drops on the face. The brow turned to a lively andfrefh colour, and 
the deceafed opened one of her eyes andjhut it again : And this opening the eye was done three feve- 
ral times. She likewife thrufl out the ring or marriage finger three times, and pulled it in again ; and 
the finger dropped blood from it on the grafs" 

SIR NICHOLAS HYDE, Lord Chief Juflice, feeming to doubt the Evidence, afked the Witnefs, 
" Who faw this befides you ?" Witnefs. " I cannot fwear what others faw but my Lord, (faid he,) 
I do believe the whole company faw it ; and if it had been thought a doubt, Proof would have been 
made of it, and many would have attefted with me." The Witnefs obferving fome admiration* in the 
auditors, he fpake further. " My Lord, I am Minifter of the Parifh, and have long known all the 
parties ; but never had any occafion of difpleafure againft any of them, nor had to do with them or 
they with me, but as I was Minifter. The thing was wonderful to me, but I have no intereft in the 
matter ; but as called upon to teftify the truth, that I have done." Whereupon, applying himfelf to 
the Chief Juflice, he faid, " My Lord, my brother, here prefent, is Minifter of the next Pari/h adja 
cent and I am affured faw all done that I have affirmed." 

' Therefore that perfon was alfo fwora to give Evidence, and did depofe, in every point, viz. the 
fweating of the broivthe change of the colour opening of the *ye and the thrice motion of the fin 
ger, and drawing it in again. Only, the firft Witnefs added, that he himfelf dipped his finger in the 
blood which came from the dead body, to examine it and he fwore he believed it was blood!' 

Sir John Maynard adds, ' I conferred (my Notes) afterwards with Sir Edward Powell, Barrifter 
at Law, and others, who all concurred in the obfervation and for myfelf, if I were upon oath, can 
depofe, that thefe Depositions (efpecially of the firft Witnefs) are truely reported, in fubftance.' 

' The other Evidence was given againft the Prifoners, viz. the Grandmother of the Plaintiff, and 
againft Okeman and his Wife that they confefled they lay in the next room to the dead perfon that 
night, and that none came into the houfe till they found her dead the next morning ; therefore, if ihe 
did not Murther herfelf, they muft be the Murtherers. To that end further proof was made. 

' Firft, That ihe lay in a compofed manner in her bed, the clothes nothing at all difturbed, and her child 
by her in bed.- Secondly, Her throat cut from ear to ear, and her neck broken ; and if fhe firft cut 
her throat, fhe could not break her neck in bed, nor contra. Thirdly, There was no blood in the bed, 
laving there was a tincture of blood on the bolder whereon her head lay but no fubftance of blood 
at all. Fourthly, From the bed's head there was a ftream of blood on the floor, which run along till 
it ponded in the hollows of the floor, to a very great quantity ; and there was another ftream of blood 
on the floor at the bed's foot, which ponded alfo on the floor, to another great quantity, but ho con 
tinuance or communication of blood of either of thefe two places from one to the other, neither upon 
the bed fo that fhe bled in two places feverally : And it was depofed, (that on) turning up the mat 
of the bed, there were clotts of congealed blood in the ftraw of the mat underneath. Fifthly, The 

1 The individuals on whose Depositions the original Verdict had been pronounced. * ' A very reverend person, 
as I guessed, of about seventy years of age. His testimony was delivered gravely and temperately but to the great 
admiration (wonder, astonishment) of the auditory.' 3 ' That was the verbal expression, in terminis, of the Witness.' 
4 Wonder, astonishment, amazement. 

VOL. III. 2 B 



194 CRIMINAL TRIALS. A.D.1611 

bloody knife was found in the morning flicking in the floor, a good diftance from the bed ; but the 
point of the knife, as it ftuck, was towards tJte bed, and the haft or handle from t/ie bed. Sixthly, 
There was a print of the thumb and four fingers of a left hand. Sir NicL Hyde, Chief Juftice, faid 
to the Witnefs, " How can you know the print of a left-hand from the print of a right-hand, in fuch a 
cafe ?" Witnefa, " My Lord, it is hard to defcribe but if it pleafe that honourable Judge to put his left- 
hand upon your left-hand, you cannot poflibly place your right-hand in the fame pofture." Which 
being done, appeared fo. 

The Defendants had time to make their Defence but gave no evidence, to any purpofe. 

' THE JURY departed from the bar and returning, ACQUITTED Okeman, and found the other three 
GUILTY; who, being feverally demanded, " What they could fay, why Judgement ihould not be pro 
nounced ?" faid nothing but (faving that) each of them faid, " I did not do it I I did not do it 1" 

' JUDGEMENT was given accordingly, and the Grandmother and the Huiband executed ; but the Aunt 
had the privilege to be fpared execution, being with child. 

' I inquired if they coufeffed any thing at their Execution ; but did not, as I was told.' 

(iv.) THE next case which shall be mentioned, is that of MARIOUN PEEBLES, 1 alias Pardone, 
spouse to SWENE, in Hildiswick, who was, on March 22, 1644, sentenced to be strangled at a stake, 
and burnt to ashes, at the Hill of Berrie, for WITCHCRAFT and MURDER. Marion and her husband 
having ' ane deadlie and venefical malice in her heart' against Edward Ilalcro in Overure, and being 
determined ' to deftroy and put him down,' being < transformed in the lyknes of ane pellack-quhaill, 
(the Devill changing her fpirit, quhilk fled in the fame quhaill,') and the faid Edward and other four 
individuals being in a fishing-boat, coming from the Sea, at the North-banks of Hildiswick, ' on ane 
fair morning, did cum under the faid boat, and overturnit her with eafe, and drowned and devoired 
thanie in the fey, right at the Ihore, when there wis na danger wtherwayis.' The bodies of Ilalcro 
and another of these hapless fishermen having been found, Marion and Swene ' wir fent for, and 

brought to fee thame, and to lay thair hands on thame, dayis after faid death and away- calling, 

quhaire thair bluid was evanifhed and defolved, from every natural cours or caus, Ihine, and run ; the 

faid umquhill Edward bled at the collir-bain or craig-bane, and the faid , s in the hand and 

fingers, gufliing out bluid thairat, to the great admiration of the beholders and revelation of the judge 
ment of the Almytie I And by which lyk occafionis and miraculous works of God, made manifefl in 
Murders and the Murderers ; whereby, be many frequent occafiones brought to light, and the Murder 
ers, be the faid proof brought to judgment, conuict and condemned, not only in this Kingdom, alfo 
this countrie, but lykwayis in maid forrin Chriftiane Kingdomis ; and be fo manie frequent precedents 
and practifing of and tuitching Murderis and Murdereris, notourlie known : So, the foirfaid Murder 
and Witchcraft of the faidis perfons, with the reft of their companions, through your faid Hufband's 
deed, art, part, rad, 3 and counfall, is manifefl and cleir to all, not onlie through and by the foirfaid 
precedents of your malice, wicked and maliflies 4 practifes, by Witchcraft, Confeffionis, and Declara- 
tionis of the faid umquill Janet Frafer, Witch, revealed to her, as faid is, and quha wis defyrit by 
him to concur and afiifl with you to the doing thereof; but lykways be the declaration and revelation 
of 'the ju/lice andjudgementis of God, through the faid iffuing of bluid from the bodies /' &c. 

(v.) A SIMILAR and very remarkable instance is related in the following Trial : In the Dittay of 
CHRISTIAN WILSON, alias the Lanthorne, 5 accused of Murder, Witchcraft, &c., (which is founded 

1 See Dr HibberCs Hist, of Orknay, Sic. to which this remarkable Trial is appended. * The name left blank. 

1 Rede ; advice. * Malicious. ' The name given her at her baptism by the Devil. From Collection of 

Original Documents, belonging to the Society of Antiquaries of Scotland, MS. As a specimen of the other charges, 
take the following : " WUKame Richardsone, in Dalkeith, halving felled ane hen of the said Cristianes with ane stone, 
and wpone her sight therof did imediatly threatne him, and with ane frowneing countenance told him, that be 
' should newer cast ane vther stone !' And immediatly the said Williame fell into ane franicie and madnes, and 



44 & 9 JAC. VI. CRIMINAL TRIALS. 195 

upon the examinations of James Wilson, Abraham Macmillan, William Crichton, and Fyfe and George 
Erskine, &c. led before Sir William Murray of Newtoun, and other Commissioners, at Dalkeith, Jun. 
14, 1661,) it is stated, that ' Ther being enimitie betuixt the faid Chriftiane and Alexander Wilfone 
her brother, and fhoe having often tymes threatned him, at lenth, about 7 or 8 monthes fince, altho' 
the faid Alexander was fene that day of his death, at three houres afternone, in good health, walking 
about his buuheffe and office ; yitt, at fy ve howres in that fame night, he was fownd dead, lying in his 
owne howfe, naked as he was borne, with his face torne and rent, without any appearance of a fpot of 
blood either wpon his bodie or neigh to it. And altho' many of the neiboures in the toune (Dalkeith) 
come into his howfe to fee the dead corpe, yitt fho newar offered to come, howbeit her dwelling was 
nixt adjacent thairto ; nor had fhoe fo much as any feiming greiff for his death. Bot the Minifter and 
Bailliffes of the towne, taking great fufpitione of her, in refpect of her cairiage, comandit that fhoe 
fhowld be browght in ; hot when fhoe come, Ihoe come trembling all the way to the howfe hot 
Jhoe refuifed to come nigh THE CORPS or to TUITCH it, faying, that Ihoe " nevir tuitched a dead corpe 
in her lyfe !" Bot being earneftly defyred by the Minifter, Bailliffes, and hir brother's friends who was 
killed, that fhoe wold " bot tuitch the corpesfoftlie," fhoe granted to doe it but before fhoe did it, the 
Sone being fhyning in at the howfe, fhoe expreft her felfe thus, humbly defyring, that " as the Lord 
made the Sone to fhyne and give light into that howfe, that alfo he wold give light to discovering of 
that Murder /" And with thefe words, fhoe TUITCHEING the wound of the dead man, veriefaftlie, it 
being whyte and cleane, without any fpot of blod or the lyke ! yitt IMEDIATLY, whill her fingers was 
wpon it, THE BLOOD RUSHED owT OF IT, to the great admiratioune ] of all the behoulders, who tooke 
it for difcoverie of the Murder, according to her owne prayers. For ther was ane great lumpe of flefh 
taken out of his cheik, fo fmowthlie, as no rafor in the world cowld have made fo ticht ane incifioune, 
wpon flefh, or cheis and ther wes no blood at all in the wownd nor did it at all blead, altho' that 
many perfones befor had tuitched it, whill 2 fhoe did tuitche it ! And the howfe being fearched all 
over, for the fhirt of the dead man, yitt it cowld not be found ; and altho' the howfe was full of people 
all that night, ever vatching the corpes ; 3 neither did any of them tuitch him that night which is 
probable 4 yitt, in the morneing, his fhirt was fownd tyed fail abowt his neck, as a brechame, 5 non 
knowing how this come to pafs I And this Criftian did immediatlie tranfport all her owne goods owt 
of her own howfe into her dowghter's, purpofing to flie away bot was therwpon apprehendit and im- 
prifoned.' 

(vi.) THE next instance which shall be cited, refers immediately to the Case of THE MURES OF 
AUCHINDRANE ; being an extract from a < RELATIONS of quhat paft betwixt the Commitie 6 and MR 
JAMES MITCHELL,' &c. 7 January 18, 22, and 24, 1676. In the course of the pleadings as to the 
lawfulness of inflicting Torture, the following interesting passage occurs. " Bot in this preparative, 
the practife is wnparalelled, to put a perfon to it be fuch a Tortoivr, to turne (contrarie the cowrfe of 
nature and exprefle law of God) to be his own accufer ; no, not in Peiter Aroy, the Highland Rober 

tooke his bed, and newer rose agane, but died within a few dayes : And in the tyme of his sicknes, he alwayes cryed 
owt, that the said Cristiane wes present befor him, in the liknes of ane gray catt ! And some tyme eftir his death, 
James Richardsone, nephew to the said Williame, being a boy playing in the said Cristiane her yaird, and be calling 
her Lantherne, shoe threatned, that ' if he held not his peace, shoe sowld cawsehim to die the death his nephew (uncle) 
died of !' Whairby it would appeare that shoe tooke wpon hir his nepheas (uncle's) death." 

1 Wonder ; amazement. 2 Until. That is, many previous trials had been made of other persons suspected, or 

of those who were near neighbours, perhaps living at enmity with the deceased, who had voluntarily offered them 
selves to this solemn ordeal, or had been called upon thus publicly to attest their innocence of his blood. 3 Hold- 
ing the lyke-wake. 4 Can be proved, by testimony or probation. * The large collar which goes about a 
draught-horse's neck. 6 Of the Estates of Parliament. 7 Wodrow's MSS. as to ' the Sufferings,' Adv. 
Lib. xxxvi. Quarto, No. 2. This Document relates to the Tortures used to Mitchell, who had been accused of an 
attempt to Murder, by shooting a pistol at Archbishop Sharpe,&nd the Bishop of Orkney, Jul. 9, 1668, &c. 29 Car. 
II, Jan. 7, 1677. See for the particulars of her Trial, Salm. State Trials, p. 334<, &c. 



196 CRIMINAL TRIALS. A.D. 1611. 

and Murthrer I Bot he, being legalie convicted himfelf, was pat to the Torlowr, to caufe him declaire 
who was hia confederate and aflbciats in committing of fuch horrid crymes. Bot if any man iliall ob 
ject that abowt THE LAIRD OP AUCHINDRANE, I anfwer : 1ft, Thair is no paritie in the cawfe; be- 
cawfe he was accufed of an horrid and privat Murther, quhair thair was altogether penurie of Witnefl- 
es, and not of a deutie controverted be Apoftats : 2dly,GoD, in a foveraine and Angular way, witnejed 
it from Heaven, by his oum immediate hand, and proved the Deed again/I him ! viz. the Corpes of the 
man Murthered, being buried in Girvnne Kirk-yard, as a man call away at fea, and rait owt thaire, 
the Laird of Coleaine, whofe fervant he had beine befor, d rim ing 1 of him in his fleipe, and that lie 
had a roufe-marke wnder his left pape ;'-' and when he awook owt of his fleipe, wpon fearch, found it 
to be trwe came to the place, and taking wpe the Corpes owt of the place quhair they were buried, 
found him to be Murthered. Wpon which, befumoned in all the men in thatpairt, to towch tfie Corpes, 
as the cujlom was in fuch cafes ; and all compeiring, except the faids Laird and his Jon, who were the 
Murtherers ; and his dwelling houfe and familie being neire to the place, ane yowng chyld of his, 
MARIE MURE be name, feing the people, went to the place ; and whenjhe drew neire to the Corpes 
(to the admiration of all the people,) didfpring owt wpon her in abundance of blood ! Wpon which 
they were apprehended and put to tryell." 

(vii.) A VERY singular incident is related by Law, in his ' Memorialls.' 3 Two men having been 
executed at Glasgow, Jun. 14, 1683, for the Murder of a gentleman (David Monroe) at Inchbelly- 
bridge ; in consequence of the enormity of the offence, their bodies were appointed to be hung up in 
irons. For this purpose, the bodies of the Criminals were conveyed to the spot, where, accordingto 
the terms of the Sentence, they were to be gibbeted. Law relates, that " Though their entrails were 
taken out, and their bodies cleanfed from all blood, yet when it (the body of one of the culprits) came 
to the place where the Mnrther was committed, did gujh out in blood, in the arm which was cut ; 
te ftfied to be a truth by the beholders ; which was a teftimony of their guilt !" 

(viii.) O a like nature with the last instance, a strange story is told in the Biographia Scoticana, 
which has likewise been elsewhere repeated. That a few days after Mr James Guthrie was executed, 
and his head placed upon the Netherbow Port of Edinburgh, Middletons coach coming down that 
way and passing through the Port, several drops of blood fell from the head upon the top of the coach ; 
which, as the legend goes, all their art and diligence could not wipe off /' Physicians were called, 
and desired to enquire if any natural cause could be given for this event but they could give none ! 
" This odd incident being noifed abroad, and all means tried, at length the leather was removed, and 
a new cover put on ! ! ! But this was much fooner done, than the wiping off the guilt of this great and 
good man's blood upon the 11 tedders of it, and the difgrace from this poor Nation I" 

(ix.) FEW instances of this description are entitled to the consideration which the following Case 
possesses, as well in a legal as in a philosophical point of view. In the very remarkable Scotish 
Trial of PHILIP STANFIELD,* for Parricide, (executed Feb. 15, 1688,) the circumstance of the body 
of Sir James Stanfield of Newmills, who was Murdered near Haddington, in Dec. 1687, having bled 
on the touch of his son Philip, the Parricide, was urged and argued with the utmost earnestness, in 
Court. James JHfuirhead, Surgeon, one of the Witnesses, swore, that " upon the prifoner's aflifting 
to lift the body of his deceafed father, Sir James Stanfield, after it had been fewed up, 5 and clean linen 

1 Dreaming. f A mouse mark under his left breast. * Law's Memorials, p. 252. * See HowelTs 

State Trials, XI. 1371 Salmon's State Trials, p. 610 Fountainhalts Decisions, I. 464. See also Fountainhalft 
Diary ArnoCs Criminal Trials, p. 33, Note. s The body had been opened and examined, by Judicial authority, 
for the purpose of determining the precise cause of the deceased's death. The surgeons to whom this remit had been 
granted, reported, that Sir James had died from strangulation, not from drowning and that the idea offelo de , 
which had been attempted to be proved by the son, was utterly impossible. 



44&9JAC. VI. CRIMINAL TRIALS. 197 

put on, it DARTED OUT BLOOD through the linen, from the leftjide of the neck, which the pannell 
TOUCHED but, that when he (the Witnefs) and the other Surgeon, James Crawford, put on the 
linen, and ftirred and moved the head and neck, before, he Jaw no blood at all /" 

This fact was corroborated by other Witnesses and it is, perhags, worthy of notice, as the most 
striking peculiarity of that Case, that Sir James had not been stabbed, shot, or assassinated by the 
cutting of his throat but was strangled, and then thrown into a water ; so that there was no no exter 
nal wound on the neck. 

A singular feature in this Case of Stanfield, is the rank and eminence of the Public prosecutors, Sir 
John Dalrymple, younger of Stair, Sir George Mackenzie, and the gravity with which these supersti 
tious circumstances are argued. The Dittay states, " When his father's dead body was fighted and 
infpected by Chirurgions, and the cleir and evident figns of the Murder had appeared, the body was 
fewed up, and moil carefully cleaned ; and his neareft relations and friends were defired to lift up his 
body to the coffin : l And accordingly, James Row, merchand (who was in Edinburgh at the time of 
the Murder), having lifted the left fide of Sir James, his head and ihoulder, and the faid Philip the 
right fide ; his father's body, though carefully cleaned, as faid is, fo as the leaft blood was not on it, 
did (ACCORDING TO GOD'S USUAL METHOD OF DISCOVERING MURDERERS) blood afrejh upon him, 
and defiled all his hands ; which ftruck him with fuch a terror, that he immediately let his father's 
head and body fall with violence and fled from the body I And, in coufternation and confufion, 
cryed, Lord, have mercy upon me ! and bowed himfelf down over a feat in the Church, (where the 
Corpes was infpected,) wiping his father's innocent blood off his own murdering hands, upon his deaths !" 
But as the arguments are fortunately preserved, and as they shew many of the peculiarities of these 
superstitions, and give the reasonings of the most eminent Lawyers of that time, it may be proper, and 
can hardly fail to be interesting, even to the general reader, to enter a little into details. 

Sir Patrick Hume? Counfel for Philip Stanfield, urged, that this is but a fuperftitious obfervation, 
without any ground, either in Law or reafon. And Carpzovius relates, Part 3, queft. 122, no. 31, 
that feveral perfons had been unjuftly challenged, and that he, in his own experience, hadfeen a dead 
body bleed, in prefence of the perfon who was not guilty f And Matheus de Criminibus is of the 
fame "opinion, Tit. 16, de quefiionibus, num. 12, " de fanguine porro de Cadavere profluente, quod di- 
citur id de plurimis experimentis comprobetur, tamen cum experimenta falfa fint ratio vero idonea 
nulla reddi pofiit, non putaverim indicium ad Torturam fufficiens efle, non enim fapientis Judicis eft 
incerto experimento credere, quod certa ratione dirimendum eft." And the truth is, the occajion of 
the dead body's bleeding was, that the Chirurgion that came out to vifit the body did make an inci- 
fion about the neck, which might be the occafion of the bleeding ; and alfo the very moving of the 
dead body, when it was taken out of the grave and out of the coffin, might occafion the bleeding ; ef- 
pecially, feeing the body did not bleed for fome time after, which certainly was made by the motion 
and by the incifion : As alfo, a further evidence that it could not be the defender's touching the body, 
the Cbirurgions did lykewais touch the body, as well as he, and feveral others prefent ; fo that the 
bleeding could no more be afcribed to his touching, than the touching of the other perfons prefent. 

Sir James Dalrmyple, Lord Advocate, anfwered, that " although the deceafed's fervants had made 
a mutiny anent the Burial, till the Corps werejlghted, yet the pannel caufed bury the Corps that fame 

1 This may, no doubt, have been resorted to, for the purpose of proving Philip's participation in the Murder but, 
of itself, this ceremony is still universally observed in the middle and lower ranks of life ; and is a most affecting 
spectacle to those who are so deeply interested. It is called " the chesting" or " coffining" of the corpse a duty al 
most never (in Scotland) intrusted to hirelings but is most solemnly performed by the nearest relations, as the last 
endearing act of respectful and affectionate regard, which they can offer, to the breathless remains of those who had 
been nearest and dearest to them. 8 Along with this gentleman were Sir David Theirs, Mr William Monnte. 

penny, and Mr William Dundas, as counsel for the prisoner. 



198 CRIMINAL TRIALS. A.D. 1611. 

night 1 without {hewing them !" After Warrant for railing the body had been obtained, the infpection by 
Surgeons, and the touching, as before detailed, took place; when the pannel let his father's head fall to the 
ground, and cried out, O God ! and ran away and went to a deflc in the Church, where he lay groaning 
and in confufion, and durfl never return to touch the Corpfe. And that as there could no natural reafon 
be given, but an ordinar and wonderful Providence of God in this kind ofdifcovery of Murder, fo the 
fact was never more evident and fure. Though half a dozen of perfons were bearing the Corpfe, no 
mans hands were bloody but tfiepannels ! That the Corpfe being two entire days in the grave, in that 
weather and feafon, the blood, by the courfe of nature, was become ftagnant and congealed fo that 
the former toffing and lifting of the Corpfe, and even the incifion itfolf, bad occafioned no fuch effu- 
lion, but only fome water or gore but upon thefirjl touch of the pannel, the Murderer, there appear 
ed abundance of liquid florid blood ! 

Sir David Thoirs, in reply, argued, that the falling of blood from the wound could neither be a 
ground nor prefumption for guilt and though the pannel \vsisfurprifed to fee his father's blood, yet 
the fame did only proceed from natural duty and affection, and not from any apprehenfion of guilt 1 
Sir Patrick Hume &dded, that he offered to prove, that the pannel had touched his fathers body before 
the incifion, AND IT DID NOT BLEED. 

Sir George Mackenzie, in his addrefs to the Jury, aflerts that ' GOD ALMIGHTY himfelfwaspkafed 
to bear ajhare in the te/limonies which we produce ; that Divine power which makes the blood circu 
late during life, has oft-times, in all Nations, opened a pajjage to it, after death upon fuch occafiont, 
but mojlin this cafe !' 

The fentence of the Court was, that he fhould be ' hanged on a gibbet till he be dead and his 
tongue to be cut out and burnt upon a fcaffold and his right hand to be cut off and affixt on the Eaii 
Port of Haddingtonn and his body to be carried to the Gallowlee, betwixt Leith and Edinburgh, and 
there to be hanged up in chains,' &c. 

(x.) BESIDES the class of notices which has already been afforded, it is natural to expect that ves 
tiges of so prevalent a superstition should appear in the ancient Popular Poetry of all Nations. The 
Editor's present leisure and opportunities do not admit of his entering upon so wide a field as that just 
alluded to, for the illustration of such an enquiry. It is sufficient to mention, generally, that such traces 
do appear in the Ballads of Scotland, England, Germany, and other European Nations. The ancient 
Romance also, and the Drama of all these countries, abound with allusions to this superstition ; and 
some of them make use of the ceremonial of touching the Corpse, as a powerful aid in exciting the feel 
ings, and in heightening the interest of the reader, or auditory. 

As a specimen of one of the Scotish Ballads illustrative of this superstition, the Editor may cite the 
conclusion of the Romantic Ballad of Young Huntin, or Earl Richard? as it is too long for insertion 
at length : 

* " PUT na the wite 3 on me," she said, 

" It was my may* Catherine I" 
Than they hae cut baith fern and thorn, 
To burn that maiden in. 

* It wadna tak upon her cheik, 

Nor yet upon her chin, 
Nor yet upon her yellow hair, 

To cleanse the deidly sin I 

1 The same night the body had been found in the water, having been incrusted with frozen ice, owing to the incle 
mency of the season ; the Murder having been perpetrated in the month of December, during a storm. * See 
Minstrdsy of the Scottish Border, II., 420 Herd's Ballads Chambers's Ballads, &c. Blame. Maiden. 



44&9JAC. VI. CRIMINAL TRIALS. 199 

' The Maiden toucJid the clay-cauld Corpse, 

A DRAP IT NEVER BLED; 

The Lady laid her hand on him, 
And soon the ground was red ! 

( Out they hae ta'en her, may Catherine, 

And put her mistress in. 
The flame tuik fast upon her cheik, 

Tuik fast upon her chin, 
Tuik fast upon her fair bodye 

She burn'd like hollin green I' * 

(xi.) BEFORE concluding these notices, it may be remarked, for the benefit of the curious inquirer into 
the superstitions of his native country, that absurdities greater by far than this Test or Ordeal have been 
gravely stated and maintained, even before the Supreme Criminal Tribunal of Scotland. Perhaps the 
most extraordinary instance of this description occurred in the Trial of THE MARQUIS OF ARGYLL,* 
before Parliament, 1661, where the Indictment, after setting forth a variety of alleged Murders and 
cruelties, proceeds, That THE LORD from Heaven did declare his wrath and difpleafure againii the 
aforefaid inhumane erueltie, by ftriking the tree whereon they 3 were hanged in the faid month of 
June, being a lively frefb growing afh-tree, at the Kirk-yard of Dunoonef among many other frefii 
trees with leaves. THE LORD ftruck the faid tree immediately thereafter, fo that the whole leaves 
fell from it, and the tree withered, never bearing leaf thereafter, remaining fo for the fpace of two 
years ; after which, being cut down, there fprang out of the very heart of the root thereof a Jpring 
like unto BLOOD, popling up, running into Jeveraljlreams all over the root; and that for Jeveral years 
thereafter, 5 till the faid Murderers or their favourers, perceiving that it was remarked by perfons of all 
ranks reforting there to fee this Miracle, they caufed houck out the root, 6 covering the whole with 
earth, which was full of the faid matter like blood I' 

There cannot be a doubt that the foregoing Case, monstrous and shocking in the extreme as it is, 
is merely an improvement upon the popular Superstition we have been considering ; and the inference 
they wished to deduce from the whole matter is, that ' blood will have blood,' that God will not 
suffer Murder to pass over unavenged, even in this world ; and farther, that if man fails to discover 
guilt, the Almighty will, by extraordinary and even miraculous means, disclose the Murderer's horrid 
secret. 

1 Green holly. * State Trials, (old Edit.) III. 422, and VII. 379 HoweU, XI. 1380. 3 The persons 

thus mercilessly murdered by the commands of Argyll, and massacred by his followers, were thirty-six in number ; 
who were hanged on this single tree, being ' special gentlemen of the name of Lamond, and vassals to Sir James La- 
mond of Innerin,' (that Ilk.) And on the same day, they ' Murdered with durks, and cut down with swords and 
pistols,' a number of other unhappy creatures, among whom John Lamond in Auchinshallach, ' who being about the 
age of fourscore years, &c. they most cruelly and barbarously stabbed with durks and skanes at the ladder- foot. ' The 
Provost of Rothesay was shot through the body thrice, yet finding some life in him, they thrust at him with durks 
and skanes, and at last cut his throat with a long ilurk ; others they cast into holes, their victims ' spurning and 
wrestling, whilst they were suffocated with earth ; having denied to them any time to recommend themselves to God !' 
These are part of the atrocities of the Marquis's followers, detailed in the remarkable Dittay above alluded to ; and 
besides this, .they murdered and massacred a number of innocent women, and inhumanly left their bodies as a prey to 
ravenous beasts and fowls, and ' young and old, yea suckling children, some of them not one month old !' The reader 
is referred to the State Trials for other particulars, which are too circumstantial to be enumerated here. * An 

ancient Castle on the Clyde, of which the Family of Argyleare still the nominal heritable Keepers. It has long since 
been razed with the ground. The Dun, on which it was situated, has a very peculiar and commanding form, and is a 
beautiful and picturesque object from the opposite coast, and from the river. The ' Kirk-yard' is still surrounded by 
lofty trees. * Ovid's Metamorphoses are a trifle to this ; but still such execrable and almost blasphemous ravings 
were not only tolerated, but gravely discussed before Parliament ! It ought, however, to be kept in mind that the fa 
naticism which then prevailed had a large share in producing this gross and shocking exhibition, which can only be 
viewed as solemn mockery of all judicial proceedings, and indeed of every thing sacred. 6 Dig up; extirpate. 



200 CRIMINAL TRIALS. A.D. 1611. 



footing of 9fetolet0, 

Jul. 24. ALEXANDER DUMBAR, Younger of Kilbowak ;* Robert Dum- 
bar, his brother ; Niniane Dumbar, lone to Williame Dumbar 
of Hemprigis ; James Dumbar, fone to Gawin Dumbar, Arche- 
deane of Murray ; Thomas Falconer, feruitour to the faid 
Alexander. 

Dilaitit of airt and pairt of the Slauchter of vmq te Alexander Dumbar of Waft- 
field (Scheref of Murray) ; committit the firft day of Junij laft : And contrave 
ning of the Actis of Parliament, in beiring and fchuiting of piftolettis, &c. 

PERSEWARIS. 
Johnne Dumbar of Waftfield, as brother to the defunct ; Sir Thomas Hammiltonn. 

PRELOCUTOURIS for the Pannell. 

Mr Johnne Ruflell, Mr Thomas Hoip, Mr Thomas Nicolfoun, Aduocatis ; the Conftable of Bundle, 
elder, the Laird of Monymuflc, the Laird of Halkertonn. 

The Juftice, of confent of ather parteis, continewis this dyet to ffryday nixt. 
The AfTyfe wairnit apudacta, ilk perfone, vnder the pane of twa hundreth merkis. 

(Jul. 26.) The Juftice continewis this dyet, as ofbefoir, with confent of 
ather pairtie, to Wednifday nixt, &c. 

(Jul. 31.) The perfewar paffis Jimpliciter fra the perfute of the perfones 
on pannell ; and is content that thai be put to libertie. Quhairupoune the pan- 
nell afldt inftrumentis. Compeirit Patrik Dumbar of Blarie, and producet the 

Counfallis Warrand to the Juftice, quhairof the tennour followis. 
i 

WARRAND for the Dumbar is hbertte. 

JUSTICE, Jnftice Clerk, and ;our deputis : Quhear as, Alexander Dumbar of Kilboyak,* (&c.) are 
to be prefentit befoir jow this prefent day, to vnderly the lawis for ]>e flauchter of vmq le the Scheref 
of Murray : And We, vnderftanding that J>e pairtie perfewar will nocht infift in the perfute of fir 
perfones, hot ar content and will confent that J>ai be put to libertie and fredome : Thairfoir 5ow fall 
tak guid cautioun of thame, that ]>ai fall compeir befoir his Maiefteis Juftice, the thrid day of J>e nixt 
Jnftice-air of the fcherefdome quhair )>ai duell, 3 or foner vpone a fyftene dayis wairning, and vnderly 
|>e law for the Slant-liter foirfaid ; vnder }>e panes contenit in the Actis of Parliament : And this cau 
tioun being fund, 3<>\v fall put them to libertie and fredome, and fuffer pame pas quhair |>ai pleis : 
Quhairanent )>ir prefentis fall be Jour Warrand. Ax EDINBURGH, the lalt day of Julij, 1611. 

AL. CANCELL". Jo. PRESTOUN. 

Patrik Dumbar of Blarie and Robert Falconer of Ballandro became cautioune 
for thame, coniunctlie and feuerallie, to the effect aboue writtin. 

THE Juftice, accoirding to the directioun of the former Warrand, ordanit the 
faidis perfones on pannell to pas frie, and nocht to returne to the faid Tolbuthe 
furth of the quhilk thai war brocht. Quhairupoune Alexander Clerk, ane of the 
Bailleis of Edinburgh, afkit inftrumentis. 

1 See Jul. 31, 1616. J The rest of the names are recited. * Elgin. 



45&9JAC. VI. CRIMINAL TRIALS. 201 



<#3)pttan!S ttmafnfng toitijfn tfje ^tnstrom after 

Jul. 31. MOYSES FA, Dauid Fa, Robert Fa, and Johnne alias Willie 

Fa, Egiptianis. 

Dilaittit for Abyding and remaining within this Kingdome, they being Egip 
tianis ; contrair the tennour of the Actis of Parliament. 

THE jEciPTiANis DITTAY. 

MOYSES FA, DAUID FA, and JOHNNE FA, 3e ar indytit and accufet ; That quhair, be Act of Par 
liament haldin at Edinburgh the xxiiij day of Junij, the 3eir of God I m .Vj c . and nyne 3eiris, it was fta- 
tute and ordanit that all the vagabundis, foirneris 2 and cowmone thevis, cowmonlie callit EGIPTIANES, 
fould haif paft furth ]>airof, and nevir returnet within fe famyn, eftir J>e firft day of Auguft, the foirfaid 
jeir of God I m .Vj c . and nyne jeiris, vnder the pane of deathe : And that it fould be leifum to all his 
Maiefteis guid fubiectis, or ony of thame, to caus tak, apprehend, imprifione, and execute to death, all 
raaner of Egiptianis, alfweill men as wemen, as cowmone, notorious, and condempnet Thevis, only to 
be tryit be ane AfTyfe, that pai ar callit, knawin, repute, and haldin in 3 Egiptianis: NOCHTJJELES, je 
and ilk ane of 3ow being vagabundis, foirneris, cowmone thevis, repute, callit, and haldin Egiptianis, 
in contempt of his Maieftie and his Lawis, hes prefumet to remane in this Kingdome, and hes nocht 
depairtit and abiddin furth pairof, fen J>e faid firft day of Auguft, )>e jeir of God I m .Vj c . and nyne 3eiris 
foirfaid ; hot be the contrair, 36 and ilk ane of 3ow hes remanet within this Kingdome, in contempt of 
J>e faid Act of Parliament, and ar notoriouflie knawin to be Egiptianis, and fua repute and haldin : 
And pairfoir 30 and ilk ane of jow aucht to be demanit to ]>e death, and fuffer pe panes pairof ; con- 
forme to the faid Act of Parliament. 

PERSEWAR, Mr Robert Foullis, fubftitute to onr fouerane lordis Aduocat. 

The Pannell, viz. Moyfes Fa, producet ane Licence, grantit to him be the 
Counfell ; quhilk the Aduocat acceptis, in quantum. It is allegit be the Aduo 
cat, that the conditiones fpecifeit in the Licence grantit to Moyfes Fa is nawayis 
keipit be the pannell, viz. that he fould find cautioun for fulfilling the perticular 
injunctiones fpecifeit in his Licence : Quhilk cautioun, 4 for his nocht entrie afoir 5 
the Counfel, is vnlawit in the pane and penaltie of arie Thowfeand pundis; and 
the cautioner being charget for payment to the Thefaurer of the faid penaltie, 
hes paft to the home : And thairfoir, In relpect of the wordis of the Act of Par* 
liament, and of the nocht payment of the penaltie, as alfo in refpect that the con 
ditiones fpetifeit in the Licence is nocht keipit, the faid Moyfes Faw hes fallin 
vnder the danger of the faid Act of Parliament, and the pane of daith inflictit 
vpone him ; and the remanent perfones, his complices, aucht and fould be p\ r * 
neift to the daith, cohforme to the faid Act : And proteftis for Wilfull Errour 
aganis the Aflyfe, gif thai acquit, according to the faid Act : And produces the 
Counfallis Act contrair the cautioner, quhair he wes vnlawit in the fowine ; 6 to- 
gidder with the Letteris of Hoirning vfet aganis him : And repeittis the Depo- 
fitioun of James Ballache, teftifeing the faid Moyfes being in companie and fo- 
cietie with the Egiptianis, and of his geving Band to the laid James, for redreff- 
ing of dyuerfe Thiftis : And repeittis the Act of Parliament to the Aflyfe. 

1 See Jul. 19, 1616. . 2 Who forcibly take free quarters, &c. 3 As. * Cautioner; 

surety. 5 Before. c The sum or amount. 

VOL. III. 2 C 



202 CRIMINAL TRIALS. A.D. 1611. 

THE Juftice, nochtwithftanding of the allegeance proponit be the faid Moyies 
Fa, vpone the pretendit Licence producet be him ; and in refpect of the anfueris 
maid thairto be the Aduocat, referrit the famyn Dittay to the knawlege and 
tryell of ane Aflyfe. 

VERDICT. The Aflyfe all in ane voce, be the mouth of Williame Murehead, 
mercheand burges of Edinburgh, chanceller, ffand, pronuncet, and declairit the 
laidis Moyfes Fa, Dauid Fa, Robert Fa, and Johnne alias Willie Fa, notoriouflie 
knawin to be Egiptianis, at the leift fua repute and haldin, to be ffylit, culpable, 
and convict of contravening the tennour of the faid Act of Parliament, in thair 
contemptuous remaining and abyding within this kingdome, continuallie, fen 
the faid firft day of Auguft, in the foirfaid yeir of God I m . fax hundreth and 
nyne yeiris, expres contrair the tennour of the faid Act. 

SENTENCE. To be tane to the Burrow-mure of Edinburgh, and thair to be 
hangit quhill thai be deid : And all thair moveabill guidis and geir pertening to 
thame, to be efcheit and inbrocht to our fouerane lordis ufe, as culpable and con 
vict, &c. 



Sfcttiin Q from Ujc llatU of tfjc 

Sept. 17. JOHNNE M C MILLANE in Merfkelloch, Johnne M c Millane in 
Bank, and Cuthbert M c millane in Drumreifche. 

Dilaitit for contravening of his Maiefteis Proclamatioun, maid in the yeir of 
God I m .Vj c . and aucht yeiris, in nocht pafling fordward with his Maiefteis Lieu 
tenant to the Raid of the Ilis. 

For releif of thair Cautioneris, and in refpect that thai thame felfis ar na ffrie- 
halderis nor landit gentilmen, haifing nather landis nor rentis, hot ar removeable 
Tennentis, and fa nocht comprehendit vnder the faidis Proclamatioun, thay thair- 
foir compeirit this day and place, in the hour of caus, and offerit thame felffis to 
the Tryell of the Law, and to vnderly the rigour thairof, gif it war fund that thai 
war ony wayis comprehendit vnder the faid Proclamatioun : And forder, offerit 
to mak the Kingis Maieftie aflignay to thair haill landis and heritages within 
this realme, gif thai ony had, at that tyme. In refpect of the quhilk premifles, 
and of thair compeirance this day and place, in the hour of caus, and offer 
maid be thame in maner aboue fpecifeit, thay Proteftit for thair cautioneris re 
leif ; and that thai fould onnawayis be callit, charget, or trubillit for the faid 
allegit cryme in ony tyme cuming. 



ftitmmnmunfng toiti) &to guarantor &utjtoen, 

<3oumc (Cmisptracin 
Nov. 7. DAUID SPALDING of Eflintullie. 
Dilaitit of the treflbnable Reflet and Intercowmoning with Mr Alexander 



45&9JAC. VI. CRIMINAL TRIALS. 203 

Ruthven, fone to vmq le Alexander Ruthven of Freland, and fuppoirting of him 
with money and vther intertenement, he being his Maiefteis declairit Tratour, 
fforfalt in Parliament, and fugitiue, for airt and pairt of the treaflbnable aflift- 
ing and pairt-taking with JOHNNE, fumtyme ERLE OF GOWRIE, Alexander 
Ruthven his brother, in the treffonable Conlpiracie devyfet aganis his Maieftie, 
at Perthe, vpone the fyft day of Auguft, 1600 yeiris. 

THE Juftice continewis this dyet to the fourt % day of Marche, quhilk is the firft 
Wednifday thairof : And ordanit the defender to find cautioun for his compeir- 
ance that day. Plegio, Johanne Spalding de Innerrydray. 

PRELOCUTOURIS for the pannell, Mr Thomas Nicolfoun, Mr Andro Aytoun. 

(Mar. 4, 1612.) My Lord Advocat defyres that this mater may be con- 
tiiiewit to the tuentie day of Maij nixtocum, in refpect that, be his Maiefteis 
Letter, directioun was gevin that probatioun fould be miniftrat to the Afiyfe, of 
the pannellis giltines of the fact lybellit : And that, in the meane tyme, his 
Maieftie may be acquentit with the iriformeris flaknes in the perfute. 

THE Juftice continewis this matter to the tuentie day of Maij nixtocum. 
Plegio, utfupra. 

PRELOCUTOURIS in defence. 

Mr John RufTell, Mr Andro Aytoun, Mr Thomas Nicolfoun, Mr James Oliphant. 

(Maii 20, 1612.) Compeirit Sir Thomas Hammiltoun of Byres, kny', 
Aduocat to our fouerane lord, and declairit, that informatioun was gevin to him 
be his Maieftie, to follow furth this perfute aganis the pannell, his Informeris 
furneiffing probatioun in that matter, vther way is to denft : And in refpect na 
diligence is vfet be the Informeris in this eirand, for fortherance of this perfute ; 
he thairfoir declairit, that he wald nocht infift in perfute of the pannell, at this 
tyme, hot defyret that the dyet fould defert. Quhairupoun the pannell and his 
prelocutouris afkit inftrumentis, and proteftit, that he be nocht callit, charget, or 
perfewit for the crymes aboue fpecifeit, in oriy tyme cuming. And nochtwith- 
ftanding of the premiffes, in relpect of his innocence of the faidis allegit crymes, 
as he affirmet, offerit him felff inftantlie to the tryell of the Law, diffaflenting to 
all maner of contimiatioun ; protefting alfo, that na Letteris be direct aganis him 
for the faid Cryme in tyme cuming ; becaus this is the fourt dyet keipit be him 
in this matter. 



Nov. 8. JOHNNE FARQUHARSOUN of Innerchald, Allafter Farquhar- 
foun, his brother, Donald Farquharfoun younger, Allafter 
Farquharfoun, his brother, James Farquharfoun in Achalater, 
Johnne Robertfoun of Straloch, alias Barrone Reid, Johnne 
Gairdin in Balliemoche, Findla Farquharfoun in Glenylay. 



204 CRIMINAL TRIALS. A.D. 1611. 

Dilaitit of airt and pairt of the Slauchter of vraq le James Clerk in Auldranie ; 
committit in anno 1610 yeiris. 

Compeirit Thomas Sinclair indueller in Edinburgh, and Robert Auchinlek, 
wryter, as procuratouris, fpeciallie conftitute be Elfpeth Kow the relict, and be 
Andro Howie, now hir fpous, for his entreis ; and be vertew of the Letter of 
Procuratorie grantit to thame, of the dait at Aberdene the third day of Novem 
ber inftarit, fubfcryuit be James Dauidfoune and Mr Andro Clerk connoteris, 1 in 
name, and at command, of the faid Elfpect and hir fpous, paft fimpliciter fra the 
perfute of the haill perfones on pannell, &c. 

The pannell proteilis that thai nor nane of thame be callit or perfewit for the 
faid allegit (laughter in ony tyme cuming. 



JHout5--mf 

Nov. 27. WILLIAME FORBES of Monymufk. 

Dilaitit, accufet, and perfewit off the crymes following, viz. 

FORSAMEKILL as vpone the nynt day of Maij, the 5eir of God I m . V c . fourfcoir 3eiris, vmq le Alex 
ander Menjeis, fone to vmq le Gilbert Mer^eis of Culrie, Proveift of Aberdene, being directit be the 
faid rmq le Gilbert Menjeis of Culrie, his father, to vifiie - ane Halk-neft appointit be him to haif bene 
keipit and preferuet to our fouerane lordis rfe and plefoure, 3 within the Craig 4 of Findoun, pertening 
heritabillie to the faid Gilbert Men3eis, oy 5 to the faid vmq le Gilbert Men3eis of Culrie, Jyaml within 
the Scherefdome of Kincairdin ; the faid vmq le Alexander Menjeis, eftir vifitatioun of the famyn, and 
that he had ordanit the tennentis of the faidis landis of Findoun to geve earnefl attendance to the keip- 
ing of the faid halk-neft 6 for his Maiefteis vfe, as faid is ; he being in fober and quyet maner returne- 
and thairfra, cumand' agaitwardis to the burgbe of Aberdene, trufting in the meane tyme na inquieta- 
tioun, truble, harme, nor iniurie to haif bene done to him, be ony perfones ; bot to haif frelie paft furth 
the hie way, as his hienes frie fubiect, in refpect that he had ofiendit na man, nather be word nor deid : 
Neuertheles it is of veritie, that the faid Williame Forbes of Monymufk, accumpaneit with Alexander 
Ilobertfeun, Thomas Dik, and ...... Mylne, then his fervandis, and vtheris thair complices, with 

oonvocatioun of our fouerane lordis legis, to the number of aucht perfones, or thairby ; hud in in weir- 
lyk maner, with fecreitis, 7 fteil-bonettis, gantiletis, fuordis, culveringis, and piflolettis, expreflie prohi- 
beit to be borne, worne, vfet vpone thair perfones or in thair companeis, privatlie or oppinlie, outwith 
houflls, or fchote with, be the Actis of Parliament, vnder the panes thairin contenit ; vpone the faid 
nynt day of May, the yeir of God foirfaid, the faid Williame Forbes, with his complices, came tym- 
ouflie in the moirning, befoir the fone-ryfeing, to the Cairne 8 of Lorieftoun, lyand within the fche- 
refdome foirfaid, quhair thay darnet 9 thamefelffis, inaiil obfcuirlie, behind the faid Cairne, with thair 

1 Co-Notaries. * Inspect. * King James VI., like many others of his ancestors of the Royal House 

of Stuart, was passionately fond of the sport of Hawking, and appears to have spared no expense in procuring the 
finest breeds, from various parts of Scotland (chiefly from the North of Scotland and from the Western Islands and 
Orkney.) The choicest kinds seem to have been brought from Denmark and Norway; and, in many instances, the 
Falconers, who had trained them in those countries, were taken under the King's immediate protection and patron. 
age. * Craig, a precipitous rock or crag. s Grandson; oe. The books of the Lord High Trea 

surer abound with entries of payments to men ' for watching a halkis-nest' at such a place, so as to secure the brood, 
and give timely notice when they were fledged and ready to take wing. 7 A shirt of chain-mail, secretly worn 

under the ordinary dress. " A heap or pile of stones, commonly erected on an eminence, which marks the place 

of sepulture of some remarkable persons. Cairns were often reared to preserve the memory of a remarkable Murder, 
&c. Concealed; bid. 



45&9JAC. VI. CRIMINAL TRIALS. 205 

charget culveringis, placet vpone reftis, 1 awaiting the faid vmq le Alexanderis bycuming, for his flauch- 
ter : Lyk as, thay lay at await for his flauchter behind the faid Cairne, continuallie, fra befoir the fone- 
ryfeing, quhill about aucht houris in the raoirning; till at laft, haifing perfauet the faid vmq le Alexan 
der foliter, him felf allane, in fober and quyet maner, cumand by the faid cairne, thay, af thair reftis, 
difcharget thair culveringis at him, or euir he was circumfpect of thame ; and thairwith fchote him 
throw the heart and body with tua bullettis ; and thairby, maift fchamefullie, crewallie, and vnmerci- 
fullie flew him, upone fet purpois, prouifioun, be way of Brigancie, 2 in vmbefetting the hie way, and 
ffoirthocht ffellonie : AND nocht being fatisfeit thairwith, thay feing him fall doun deid with the faid 
fchote, thay incontinent thaireftir rufchet fordwaris to him, and with thair fuordis and quhingeris maift 
fchamefullie, crewallie, and tiranriouflie gaif the faid Alexander nyne bludie woundis about his heart, 
nochtwithftanding that thay had perfauet him lyand deid and (lane be thame of befoir: As ALSO, at 
the famyn tyme, be way of ftouthreif, ftaw, 3 reft, and away tuik with thame hisfuord, quhinger, cloik, 
and uther graith being vpone him ; had and convoyit the famyn with thame, and difponit thairupoun 
at thair plefour : And the faid Williame Forbes of Monymufk is airt and pairt of the faid crewall 
Slauchter of the faid vmq le Alexander, and of the Maifterfull ftouth-reif of his fuord, quhinger, cloik, 
and vtheris aboue writtin. FOR the quhilkis, and for contravening the tennour of the faid Act of Par. 
liament, in beiring, weiring, and fchuiting of the faidis Culveringis, dagis, and piflolettis, he aucht and 
fould be puneift, conforme to the Lawis of this realme. 
PERSEWARIS, Gilbert Menzies of Pitfoddellis, as eldeft brother-fone ; Sir Thomas Hammiltoun of 

Byres, kny*, Aduocat, &c. ; Dauid Menzeis of Tilliepowreis, as brother. 

PRELOCUTOURIS in defence, My Lord of Mar, My Lord of Moirtoun, Mr Thomas Henderfoun, 
Mr Alexander Peiblis, Mr James Oliphant, Aduocattis. 

Efter the reiding of the laid Dittay and aceufatioun of the faid Williame 
Forbes of the faidis cryrnes, the Aduocat, with the pairteis perfewaris aboue 
writtin, his informeris, befoir all forder proces, pad fra that article of the Sum- 
mondis anent the ' Stouthe-reif,' pro loco et tempore : As alfo declairit, that he 
wald nocht infill vpone that woird of the Dittay beiring * foirthocht fellonie :' 
And adherit allanerlie 4 to the Slauchter and committing thairof, in maner con- 
tenit in the Dittay, be fchottis of hagbuttis and piftolettis ; and in beiring and 
weiring of the faidis hagbuttis, contrair the Actis of Parliament : Quhairvpone 
inftrumentis was tane be the faid Williame Forbes of Monymulk and his prelo- 
cutouris ; quha, nochtwithftanding thairof, offerit thame felffis reddie to defend 
for the faidis crymes paft fra. And as concerning the Slauchter aboue writtin 
and remanent crymes lybellit, allegit that the Juftice could not put the famyn 
to the Tryell of ane Aflyfe, becaus nocht only had the faid Williame obtenit tua 
feuerall Letteris of Slanes fra tua of the brether to the defunct, in refpect of thair 
fatisfactioun contenit thairin ; bot alfo, the Kingis Maieftie, of his fpeciall grace 
and mercie, hes, be his Letteris of Remiffioun, pardonit and remittit the faid 
Williame Forbes of Monymufk for the faidis crymes: And for verificatioun 

1 When the culvering or musket was first introduced, the barrel was so heavy as to require a sepa 
rate staff, called a rest, from which a deliberate aim could be taken. The circumstance of the culve- 
rings being placed upon their rests, is noted as an aggravation of the crime, and a strong proof of 
the malice of the parties. Specimens may be seen in Grose, or in the more recent publication of 
Meyrick on Ancient Armour, &c. 2 Fr. brigand, brigancie. * Stole. * Alone ; only. 



206 CRIMINAL TRIALS. A.D. 1611. 

thairof, producet tua feuerall Remifliones, baith vnder the Grit Seill ; the ane, for 
the Slauchter aboue writtin, daitit vpone the xxvij day of Junij laft, and the 
vther, daitit vpone the firft day of Auguft laftbypaft, for beiring and weiring of 
the hagbuttis and piftolettis ; and vpone the productioun thairof afldt inftru- 
raentis. To the quhilkis Remiffiones, and his Maiefteis pardoun fet doun thair- 
in, the faid Williame Forbes tuik him felff, and offerit cautioun to fatisfie fa mony 
of the kyn and freindis of the faid vmq le Alexander as ar nocht fatisfeit alreddie, 
accoirding to the modificatioun of the Lordis of Seffioun, and thair Declaratour 
to be gevin thairintill. 

Quhilkis tua Remiffiones, the Juftice admittit ; and ordanit the faid Williame 
Forbes of Monymufk to ffind the faid Cautioun for the parteis fatisfactioun, in 
maner aboue fpecifeit : Quhairupoun the faid Williame Forbes afldt inftrumentis. 

And for obedience of the faid Juftice Ordinance, ffand Williame Forbes of Port- 
Lethem cautioun with him felf, coniunctlie and feuerallie, to fatisfie fa mony of 
the kyn and freindis of the faid vmq le Alexander, as ar nocht fatisfeit alreddie, 
for the Slauchter aboue fpecifeit ; conforme to the modificatioun of the faidis 
Lordis of Seffioun, and thair declaratour to be gevin thairintill, as law will : 
Quhairupoun the faid Gilbert Menzeis of Pitfoddellis, as eldefl brother-fone, and 
the faid Dauid Menzeis, as brother to the defunct, afkit actis and inftrumentis. 



tmfcer colour of 2lato 33r otoninjj Cor a petti? Crime, 

[THE Case which follows seems to have taken its origin from feelings of vindictive malevolence, on 
the part of a Notary in Lanark, a dependent of the Laird of Lee ; who, to gratify his base and revenge 
ful temper, adopted the plan of conspiring against his patron's life and fortune, by accusing him of 
Murdering a poor man, under colour of Law I This tale was so well got up, that the Lord Advocate 
entertained his complaint, and raised Criminal Letters against Lockhart. A more effectual channel 
was likewise made use of by Weir the Notary, who directly complained, through the Marquis of Ha 
milton, to the King, who was at all times accessible to such accusations of oppression ; from the double 
motive of desire to redress the wrongs of his injured subjects, and from his overmastering greed of 
filthy lucre :' for many were the schemes resorted to by the British Solomon to enrich his coffers with the 
proceeds of the heaviest fines and pecuniary compositions which could be exacted, as peace-offerings, to 
appease his Majesty's inflexible justice I A doubt having arisen in the mind of the Editor as to the truth 
of the accusation contained in the Criminal Record, he made a pretty extensive search, and has fortu 
nately been enabled to trace the matter to its origin. Without proper vouchers having been produced, 
the reader would naturally have inferred, from a close inspection of the Record, that the Lord Advo 
cate had been tampered with by some powerful friends of this influential Baron of Lee and that 
Lockhart had been really guilty of the atrocious crime imputed to him by his accusers. The Letter 
from the Privy Council to the King, and the Deposition of Weir, which are appended, satisfactorily 
explain the matter, and clear the character of the Laird of Lee from the slightest suspicion on this score. ] 

Dec. 3. JAMES LOKHART of Lie. 

Dilaitit for Drowneing and puting violentlie to death of vmq le James Watfone, 
in Auchcat-burne, and vtheris crymes fpecifeit in his Dittay. 



45&9JAC. VI. CRIMINAL TRIALS. 207 

In refpect of the Advocate's abfence, he proteftis for relief of Johnne Lokhart 
of Bar his cautioner : And he farther protefted for relief of George Auchinlek 
of Balmanno, cautioner for * his compeirance befoir my Lord Juftice and his de- 
putis, in the Tolbuth of E r , vpone the xx day of December inftant, and that he 
be nocht haldin to compeir the faid day,' &c. 

Dec. 20. Compeirit James Lokhart of Lie, quha proponit and declairit, 
fforfamekill as he being charget, &c., in the moneth of October laftbypaft, to find 
cautioun to haif compeirit befoir the Juftice or his deputis, vpone the faxt day 
of November thairefter, now laftbypaft, in the hour of caus, to haif vnderlyne 
the Law for the allegit Murthour and putting to death of vmq le James Watfone, 
vnder cullour of Law ; as he that was convict of fie meane crymes, as, be the 
Lawes of this realme, the dome of death could nocht be inflicted vpone ; and 
for certane vtheris allegit crymes, at lenth fpecifeit in the Letteris direct thair- 
anent. The faid James Lokhart of Lie, the tyme of the geving of the faid 
charge, being furth of this realme, in the pairtis of Ingland, yit nevertheles, be 
the advyfe of his freindis, in his abfence, efter knawlege gevin to thame of the 
faid charge, and for efchewing of the danger of Hoirning contenit in the faidis 
Letteris, in caice of difobedience, George Afflek of Balmanno became cautioner 
for his entrie, the faid faxt day of November, to vnderly the Law for the faidis 
crymes ; at the quhilk day, the faid George Afflek haifing, in refpect of the faid 
Laird of Leyis nocht returning, obtenit of the Lordis of Seffioun thair Lord- 
fchipis Warrand, direct to the Juftice, for continuatioun of the dyet that day, to 
this prefent day : The Juftice, for obedience of the faid Warrand, of confent of 
my lord Aduocat, perfonallie prefent that day, as perfewar, continewit the faid 
dyet to this day. Lykas, the faid George Afflek than become cautioun, &c. 

In refpect that my lord Aduocat nor na vther pairtie compeirit this day and 
place, as perfewaris, to infift in his perfute, being oft tymes callit to that effect, 
thairfoir Proteftit for releif of the faid George, &c. Quhilk Proteftatioun the 
Juftice admittit : Quhairupoun the faid Laird of Lie afkit inftrumentis. 
I. LETTER, the Privy Council of Scotland to THE KING. 

MOST GRACIOUS AND SACRED SOUERANE, 

ACCORDING vnto your Maiefteis directioun, fend vnto me, for trying of thofe contradictorie infor- 
matiounis maid to your Maieftie be the MARQUES OF HAMMiLTOUN 1 and THE LAIRD OF LEE, anent 
the executioun of vmquhile James Wat/bun, and fetting to libertie ofJannet Forreft, his fpous, I caufit 
warne the Marques and the Laird of Lie to compeir this day, for iuftifeeing of thair informationis. The 

1 James, second Marquis of Hamilton, a nobleman high in favour with the King, who granted him the Abbey of 
Aberbrothock, which was erected into a temporal Lordship, appointed him a Privy Councillor, one of the Gentlemen 
of the Bed-Cbamber, Lord Steward of the Household and subsequently, created him an English Peer, with the 
titles of Baron Ennerdale, and Earl of Cambridge, Jun. 16, 1619. Besides other great appointments, he was High 
Commissioner to the Parliament at Edinburgh, August 4, 1621, and was installed Knight of the Garter, Jul. 7, 
1623. He died at Whitehall, Mar. 2, 1624-5, tetat. 36. He married Lady Anne Cuninghame, fourth daughter of 
James, seventh Earl of Glencairn. 



208 CRIMINAL TRIALS, A.D. 1611. 

Marques comperit be Sir Juhne Hammiltoun, his brother, who affermed, that Jedeone Weir, notair in 
Lanerk, and Clerk of the proces led againis the laid vniq 1 '' James Watfuun, declairit and ihew vnto 
the Marques, that this Watfone and his fpous wer onlie callit and convict, and Watfoun execute, for 
fteilling of ane lamb, and that the wyffe, after her convictioun, wes fett at libertie. And for verifica- 
tioun of this his affermatioun, he exhibite the faid Jedeone Weir ; who, vpoun examinatioun, confefiit 
that he had gevin this informatioun to the Marques, as alfwa to your Maiefteis Aduocat, the tyme of 
the railing of the Crirainall Letteris aganis Lie ; as your Maieftie, be his Depofitioun, heirwith fend 
vp, will perfave. The Laird of Lie compeirand, affcrmed conftantlie, that this Watfoun wes callit and 
convict, vpoun his awin judicial! Confeflioun ; and accordinglie execute, for the fteilling of nyne fcheepe. 
And for verificatioun heirof, he produceit the proces, writ tin euery worde with Jedeone Weiris awne 
hand ; whilk, being fhowne vnto him, he could not deny the fame. 

This is all that lies bene tryit in this mater ; whairby it appeiris, that the Marques hes bene abnfed ' 
be the faid Jedeone Weir, who, vpoun fome priuat paflioun and mifcontentment aganis the Laird of 
Lie, maid this informal imm. And as for the wyffe, thair wes no thing verifeit aganis hir, hot the fteal- 
ing of ane lamb, confeflit be hir felf. W T hairupoun ihe wes dimittit,* in refpect that the Affife could 
gif no verdite aganis hir. At this examinatioun, I wes afiifted be the Archiebifchop of Glafgw, 3 the 
Erll of Glencairne, 4 the Lord of Scone, 5 the President, 6 Preuie Seill, 7 Secretair, 8 Juftice Clerk, 9 Aduo 
cat, 10 and Sir Robert Meluill ; n who all thoght meete that Warrand and directioun fould be gevin for 
deferting of the dyet appointit for the Laird of Lies tryale ; whilk accordinglie wes done, whill the 
forder knowledge of your Ma tie8 gratious will and pleafour heirauent, whairvnto I fall conforme my 
felff. And fo, with my humble and hairtie prayeris vnto God, recommending your facred Ma tie and 
all your royall progenye to his faderlie and devyne protectioun, I reft for ever, 

Your Maiefteis moll bumble and obedyent fubiect and feruitour, 

(EDINBURGH), 28 Nouember, 1611. DUNFERMELINE. 

To THE KING his moll facred Majeftie. 
II. < JEDEAN WEIR, Ms DEPOSITIOUN, 27 Nouemb. 1611, anent Laird Lie Lock/iard,' 

referred to in the foregoing Letter. 

JEDEONE WEIR, notair in Lanerk, fworne, and demandit vpoun the forme and maner of the Dittay 
and accufatioun of vmquhile James Watfoun in Lie Mure, and Jonnet Fbrreft, his fpous, and of the 
convictioun and executioun folio wing thairupoun : Deponis, that the faid vmquhile James and his fpous 
wer only callit and perfewit for the ftealing of ane lamb ; and that thay wer convict thairof : And that 
the faid James Watfoun wes drownit for the ftealing of the lamb ; and that the faid Jonnet Forreft, 
his fpous, wes fett at libertie : And that this Deponner wes Clerk of the proces ; and that the proces 
is writtin with his awne hand : And this he deponis, fo fer as his memorie ferns him. And deponis, 
that he gaif this informatioun to the Marques of Hammiltoun, as alfua to Sir Thomas Hammiltoun of 
Byris, knight, his Maiefteis Aduocat. TENET cum principali, J. PRYMROIS. 



JTalstt Ufarffer])) annjposturt ]?*r jurg, 

Dec. 12. DAUID DONALDSOUN, chopman in the Cannogait. 

Duped ; imposed upon. 2 Dismissed simpliciter from the bar. 3 John Spotiswood, the 

Church Historian, &c. * James, seventh Earl of Glencairn. 5 David, first Lord Scone, who, 

while he was Sir David Murray of Gospertie, was successively Cup-bearer, Master of the Horse, Cap 
tain of the King's Guard, and Comptroller. For the share he had in rendering the King so essential 
service, on occasion of Cowrie's Conspiracy, he got the Barony of Ruthven, with the Abbacy of Scone, 
which last was erected into a temporal Lordship ; and he was afterwards created Viscount of Stor- 
mont. 6 John Preston of Fenton Barns, President of the College of Justice. 7 Sir Richard 

Cokburn of Clerkington. 8 Sir Thomas Hamilton, afterwards Earl of Hadington. 9 Sir John 
Cokburn of Ormistoun. 10 Sir Thomas Hamilton. ll Of Bruntisland, one of the Extraordinary 

Lords of Session. 



45&9JAC. VI. CRIMINAL TRIALS. 209 

Dilaitit of the ffalfiefeing, fforgeing, and counterfuteing of ane fals Affigna- 
tioun, &c. fpecifeit in his Dittay following. 

PERSEWARIS. 
Sir Thomas Hammiltoun of Byres, kny 1 , Johnne Alftmnder, 1 indueller in the Cannogait. 

DAUID DONALDSOUN, chopman in the Cannogait, ge ar indytit and accufet, 
fforfamekill as 36, haifing ingyret 2 3ourfelf in the acquentance of Johnne Alfchan- 
der, indueller in the Cannogait, ane puir, aged, limple 3 man, wanting childrene 
and freindis ; 4 of fet purpois to mak 3our advantage, vnlauchfullie, of him, and 
to defraud him of that fmall portioun of geir quhilk refted 5 to him for his inter- 
tenement, 6 in his decriped and decayed age ; and be 3our flattens and fubtelteis, 
promeiffing to him 3our affiftance in his actiones and effairis, with his intertene- 
ment in 3our houfe ; haifing pairby obtenit of him credeit to handill and pervyfe 
his writtis and euidentis ; 36, in the moneth of September, or pairby, in the 3eir 
of God I m .Vj c . and ellevin 3eiris, thiftiouflie ftaw and conceillit frome him, and 
retaynit in 3our handis, tua Obligationis maid to him ; the ane )>airof, of the 
dait the xxj day of Januar, I m .V c .lxxxxviij 3eiris, quhairby Johnne goung in 
Dudingftoun was obleift to pay to him the fowme of ane hundreth pundis, and 
fai^eing Jjairof to infeft him (in) ane annuel-rent ; and the v}>er, of the dait the 
fyft day of Februare, I m .Vj c > and ten 3eiris, quhairby Johnne and Thomas 
Carffis was bund to the faid Johnne Alfchunder to pay to him fe fowme of ane 
hundreth and tuelf pundis : And redelyuering to him J>e reft of his writtis, 36 
affirmet to him, that 36 had delyuerit to him his haill writtis and euidentis. AND 
eftir that 36 had thiftiouflie ftowin fra him his faidis Obligationis, in maner and 
at pe tyme aboue fpecifeit, and had confident with 3our felff that Ipe faidis Obli- 
gationes wald be vnproffitable to 3ow vnles 36 war maid affignay j)airto, and 
knawing alfo that Ipe puir man was nocht altogidder fo fenfles as to denude 
him felf of his haill guidis, geir, obligationes, and dettis in 3our fauour, being 
ane ftranger, to quhome he was nawayis obleift, and quhome he had no redone 
to truft with his haill moyane and eftait ; 36, falflie, wiketlie, and effrontellie 
refoluet to fforge, counterfute, and ffalfiefie to 3our felf and 3our awin behuife 
ane Afiignatioun to the faid Johnne Alfchunderis foirfaidis Obligationes and 
haill remanent guidis and geir : ffor performeance quhairof, knawing that 36 
behovet to haif J>e afliftance of fum man quho wald tak vpone him Ipe name and 
reprefent the perfonage of the faid Johnne Alfchunder, 36 firft delt with .... 
.... Ramfay, ane aged begger, to play that perfonage ; and eftir 36 had craft- 
illie intyfed him to confent pairto, 3it foirfeing 7 with 3our felfF the grit and mony 

1 Alexander. 2 To ingratiate, by artifice and circumvention. From Lat. in, and gyro, to twist 
or turn round ; to entwine, &c. 3 Weak ; facile. * Childless, and having no blood-relations, 

&c. to care for him in his old age. 5 Remained. 6 Livelihood ; maintenance. 7 Foreseeing 

VOL. III. 2 D 



210 CRIMINAL TRIALS. A.D. 1611. 

differences, in fauour and ftature, 1 betuix him and )>e faid Johnne Alfchunder, 

wald eafilie bewray 5our falfet, 30 delt with Cuthbert, cordiner in 

the Kowgait, quha haifing refuifet to be actour in fo pernicious and wiked 
ane interpryfe, at laft 30 delt with Johnne Henrie, cobler in the Cannogait, 
and finding him bothe fit and willing to play the pairt of fo damnable a tra- 
gedie, and knawing that gif his face fould be fene bare and vncoverit, it wald 
be Jmireftir eafilie difcoverid, that he haifing the ficht of bothe his eyis micht 
eafilie be difcernit from Johnne Alfchunder, quho is blind of one of his eyis, 36 
caufit J>e faid Johnne Henrie cover one of his eyis and J>e fyde of his face with 
ane blak clothe, vpone the tuelf day of November laftbypaft, and than informet 
him fufficientlie of all the circumftances necefTar to be vfet be him in the repre- 
fentatioun of the perfone of the faid Johnne Alfchunder, for accompleiffing 3our 
wiket, pernicious, and fals purpois : And immediatlie J>aireftir, convoyit him with 
3ow to the toun of Leith ; and )>air travellit with Patrik Glasfurd, notter, to 
forme ane Affignatioun to jow of the foirfaidis Bandis, and of the faid Johnne 
Alfchunderis haill remanent guidis ; quhilk being done at 3our delyre, 36 J?air- 
eftir convoyit the faid Johnne Henrie, cobler, to J?e wryting-buithe of the faid 
Patrik Glasfurd in Leyth, in quhais prefens, and in )>e prefens of Archibald Nor- 
well, connotour, 2 and dyuerfe honeft witnefles, altogidder ignorant and innocent 
of 3our falfe, diflaueabill, and wiket purpois, the faid Johnne Henrie, cobler, 
quhome 30 fuppofed in place of J?e faid Johnne Alfchunder, and quho, of 3our 
fpeciall caufeing, command, counfell and perfuafioun, taking vpone him, falfelie 
and mifchantlie, 3 ]>e name and perfonage of J>e faid Johnne Alfchunder, gaif com 
mand to the faidis connoteris to fubfcry ve to 5ow and in 3our fauouris the foirfaid 
Affignatioun 4 to the faid Johnne Alfchunderis Obligationes and guidis. Quhilk 
being done, and fubfcryuit be ]>e faidis Notteris and witnefles infert ; and J?e Not- 
teris, for difchairge of J?air deutie, haifing proponit to 3ow, that reflbne and con*, 
fcience requyret that 36 fould provyde for )>e pure auld man Johnne Alfchun 
deris intertenement, during his lyftyme, 36 confented that )>ai fould forme ane 
Bak-Band, obleifland 3ow to him to J)at effect, during his lyftyme ; quhilk 30 
fubfcryued and delyuered to the faid Johnne Henrie, affirmeing him felf falflie 
to be the faid Johnne Alfchunder : AND fchortlie }>aireftir 30 caufet regiftrat the 
foirfaidis Obligatiounes, and gaif in the faid Affignatioun to the Regifter ; and 

1 In point of looks, complexion, personal appearance, and stature. * Co- Notary. 3 From 

O. Fr. meschant, wicked, worthless, &c. 4 By the Law of Scotland, blind or maimed person?, 

and thoee who cannot write, may execute Last-wills and deeds of the greatest importance and solemnity, 
through the medium of two Public Notaries, who, in presence of four or more witnesses, read over 
and explain the nature of the Deed to be then completed ; and on getting the instructions of the party, 
write out an official and Notarial schedule, or ' docquet,' as it is called, attesting the fact, and stating 
precisely the reason of their being called upon to subscribe the deed in question. On the Notaries 
adhibiting their official signatures the witnesses likewise, in attestation of the fact, subscribing their 
names the writing is perfectly valid in. Law. 



45&9JAC. VI. CRIMINAL TRIALS. 211 

Jjairupoun and vpone the faid fals Affignatioun 30 raifet Letteris of Poinding 
and Intromiffioun, and falflie, wicketlie, and thiftiouflie mellit 1 and intromettit 
with fourtene fcheip pertening to the faid Johnne Alfchunder, flew and difponit 
vpone tua of thame, fauld and difponit vpone the reft, and waifted and confumed 
the price pairof in fatisfeing the gluttoiiie of 5our deboifched 2 aflbciattis : AND 
being callit befoir Ipe Lordis of Secreit Counfell, 36 abaid at J>e verritie of the 
faid Affignatioun, vpone 3our grit aith, and vpone the perrell of 3our lyfe : 
LYKAS, 36 haifing abiddin J>airat, in prefens of the Lordis of Seffioun, and per- 
iuredlie avowed the fame to be ane trew evident, eftir that be J>air dilligence in 
3our Examinatioun, 36 was put frome all cullour of juftifeing )>airof, 3it 36 ma- 
liciouflie and impudentlie preifed to cleir 3our felff, and bring wrangus imputa- 
tioun Jjairof vpone 5our innocent wyfe and hir ffather. QUHAIRBY, 36 haif com 
mitted the crymes of Thift, Impoifture, Periurie, Falfet, and Diffaitful fuppofi- 
tioun of ane counterfute perfonage, falflie, wiketlie and diflaueabillie to affume 
and vfurpe the name and perfonage of the faid Johnne Alfchunder, to his diflait, 
preiudice, and manifeft oppreffioun, in maner aboue writtin. For the quhilk, 30 
aucht to be exemplarlie puneifchet, as ane Theif, abufear, impofture, and periu- 
red falfer, and perfuader of ane pernitious villane to vfurpe, afTume, and tak 
vpone him the name and perfonage of ane of his Maiefteis trew fubiectis, for his 
diflait and ouerthrow. 

THE perfones of Aflyfe being chofin, fuorne, and admittit, eftir accufatioun of 
new agane of the faid Dauid Donaldfoun, be Dittay, in thair prefens and audi 
ence, of the crymes aboue writtin, and eftir productioun to thame, be our faid 
fouerane lordis Aduocat, of ane Decreit of the Lordis of Seffioun, of the dait the 
ellevint day of December inftant, ffinding and declairing the foirfaid Affigna 
tioun allegit, maid and grantit to the faid Dauid Donaldfone be the faid Johnne 
Alfchunder, in maner fpecifeit in his Dittay, to be ffals and fen3eit in the felf, 
forget, and devyfet be the faid Dauid ; and thairfoir, decerning and ordaning him 
to be punefchet in his perfone and guidis thairfoir with all rigour, in exampill 
of vtheris. 

VERDICT. The Aflyfe, be the mouth of Johnne Mathie, bonat-maker, chan- 
celler, ffand, pronuncet and declairit the faid Dauid Donaldfoune to be Giltie, cul 
pable, and convict of the crymes of Thift, Impofture, Periurie, Falfet, and Dif- 
faitful fuppofltioun of the faid Johnne Henrie, cobler, ane counterfute knaif, 
falflie, wiketlie and diflaueabillie to aflume and vfurpe the name and perfonage 
of the faid Johnne Alfchunder, ane puir, aget, flmple man, to his diflait, preiu 
dice, and manifeft Oppreffioun ; in maner fpecifeit and at lenth fett doun in the 
faid Dittay. 

1 O. Fr. mesler, to intermeddle, &c. * O. Fr. desbaitche, debauched, worthless, &c. 



212 CRIMINAL TRIALS. A.D. 1611. 

SENTENCE. To be tane to the mercat croce of Edinburgh, and thair to be 
hangit vpone ane gibbet, quhill he be deid ; and his haill moveable guidis and 
geir to be efcheit and inbrocht to our fouerane lordis vfe, as culpable and convict 
of the faidis crymes : And lykwayis, Ordanit thir woirdis, ' FOE THIFT, FOK 
FALSET, FOR IMPOSTURE, AND PERIURIE,' to be writtin in grit letteris vpone 
tua feuerall paperis, and affixt, ane vpone his bak, the vther vpone his breift, 
the tyme of his executioun. Quhilk was pronuncet for Dome. 

[<Srr Williame Heart, JuJlice-Depute.'] 

ASSESSOUES nominal to t/ie Jujlioe be the Lordig of Secreit Counfell. 

Mr Johnne Preiloun of Penaicuik, Prefident of the College of Juftice ; Sir Richard Cokburne of 
Clarkingtoune, Lord Previe Seall ; Sir Alexander Drummond of Medope ; Mr Williame Oliphant 
of Newtoun. 

' Sfnbaaum' Cafcinfl Captibe TOtannff Statute, &c* 

Dec. 21. WILLIAME DOUGLAS, Younger of Drumlanerig. 1 

Dilaitit of the Invaiding and perfewing of Williame Kirkpatrick of Kirkmi- 
chell ; and for Vfurpatioun of our fouerane lordis royall pouer and authoritie, in 
taking him Captiue and Priffbner at Dreffitland, and thairfra tranfpoirting him 
to the place of Drumlanerig, quhair he was detenit ; and keiping him in eloife 
priffbne, within the Tour of Drumlanerig, for the fpace of fax or fevin dayis, or 
thairby, he being our fouerane lordis frie lege ; committit vpone the fyftene day 
of July, 1610 yeiris : And for contravening of our fouerane lordis Actis of Par- 

liament,'in beiring and weiring of hagbuttis and piftolet tis. 

PERSEWARIS, Williame Kirkpatrik, appeirand of Kirkiniclu-11 ; Sir Thomas Hammiltoun of Byres, kny*. 

PRELOCUTOURIS in defence, Mr Alexander King, Mr Thomas Hoip, Aduecatis ; my Lord of Angus ; 

my Lord of Wigtoun ; Sir James Douglas elder of Drumlanerig ; my Lord Sanquhar. 

It is allegit na proces at Kirmichellis inftance, becaus he is rebell ; and pro- 
ducet the Hoirning for veriftcatioun thairof, at the inftance of the Laird of Cloif- 
burne elder, for nocht payment of the pryces of certane victuall. It is anfuerit, 
aucht to be repellit, in refpect he is relaxt ; and producet the Relaxatioun thair- 
upoune. It is forder allegit, that he is at the home for nocht payment of the 
Taxatioune. Thaireftir, my Lord Aduocat declairit that he had Warrand of his 
Maieftie to perfew, and conforme thairto, declairit he wald inlift in the pannellis 
perfute, for the crymes contenit in the fummondis. 

It is allegit be my Lord Aduocat, that this Hoirning for the Taxatioun aganis 
Kirkmichell can nocht debar him to perfew, becaus, be Act of Parliament, in 
anno 1597, it is appointit that all Hoirningis execute aganis ony pairtie, fall 
ather be producet judiciallie, or in prefens of ane Notter and foure witnefies : 
And trew it is, that the Regiftratioun thairof is contrair to the faid Act. It is 

1 See the Case of Alexander Kirkpatrick, sone to Sir Thomas K. of Cloisburne, kny 1 , Jun. 28, 1611. 



45 & 9 JAC. VI. CRIMINAL TRIALS. 213 

anfuerit that the Act of Parliament in anno 1597 is tane away by a pofteriour 
Act of Parliament, viz. in anno 1600. -It is allegit be my Lord Aduocat, that 
this Hoirning is nocht competent in the perfone of the pannell, feing it is nocht 
execute at the pannellis inftance for ane criminall caufe ; and forder, the pairtie 
perfewar is relaxt, albeit he haif nocht his Relaxatioun vpoun him. It is an 
fuerit, it is verrie competent to allege na proces at the inftance of the perfewar, 
fa lang as he ftandis rebell. 

THE Juftice, with advyfe of the Affeffouris, ffindis na proces at the inftance 
of Kirkmichell, fa lang as he ftandis rebell, vnrelaxt. Quhairupoun the pannell 
afldt inftrumentis. 

My Lord Aduocat declairis he infiftis, for his Maiefteis intreis, in perfute : 
quhairupoun the pannell aflut inftrumentis. 

It is allegit, that my Lord Aduocat man (must) condifcend in the Summondis : 
Firft, that the pannell, anent the beiring of Piftolettis, thai war borne on his 
perfone : Secundo, gif thai war borne in his companie, man 1 condifcend vpone 
that perfone : Tercio, nonfuit dolo, becaus gif any was borne in his cumpany, it 
was by 2 his knawlege. It is anfuerit, aucht to be repellit, in refpect of the Sum 
mondis beiring that the Laird of Drumlangrig and his complices, at the leift ane 
or vther of thame, buir piftolettis at the tyme lybellit, viz. thais quha ar expref- 
fit in the Summondis, and euerie ane of thame, at the leift ane or vther of thame. 

THE Juftice, with advyfe of the Affeffouris, ffindis the fummondis, as thai ar 
fett doun, to be relevant, beiring that the pannell, with thair complices, lurkit 
and darnit 3 thame felfis in maner lybellit. Quhairupoun my Lord Aduocat alkit 
-inftrumentis. 

It is allegit, that the pannell can nocht be convenit for Williame Douglas of 
Reidhous, becaufe the faid Williame, being convenit for piftolettis afoir the 
Counfell, was fynet be the Counfell thairfoir ; and producet ane Decreit of Coun- 
fell, for verifeing thairof : And in refpect of the Act of Parliament, in anno 1600, 
can nocht be perfewit afoir the Juftice, for that cryme, of new agane. It is an 
fuerit, aucht to be repellit, in refpect of the Summondis. It is allegit, that Wil 
liame Douglas being perfewit at the inftance of the pannell, befoir the Counfell, 
for bering of piftolettis, and the (injury) done to the pannell the tyme lybellit ; 
as the Decreitis beiris : It is thairby tryit, 4 that the beiring thairof was in Kirk- 
michellis companie, and nocht in the pannellis company : Secundo, feing Dou 
glas is fynet befoir the Counfell fen that cryme, as be the faid pofteriour Act of 
Parliament he fuld nocht be of new perfewit befoir the Juftice for that cryme, 
per confequentiam the pannell can nocht be perfewit as haifing Douglas in his 
companie. It is anfuerit be the Aduocat, that it is a verrie evill confequence, 5 

J Must. 2 Without; contrary to. 3 Concealed; hid. 4 Decided. 5 A very false conclusion. 



214 CRIMINAL TRIALS. A.D. 1611. 

and the allegeance aucht to be repellit, in refpect of the Summondis.-^It is allegit 
for Hob Hunter, that he was deid before the tyme lybellit ; quhilk he offerris 
to preve, be Witnefles prefent at the bar. It is anfuerit, that that probatioun 
can nocht be reflauit, bot man be tryit be the Aflyfe. It is allegit that the Sum- 
mondis is nocht relevant, except the perfones contenit in the Summondis war 
the pannellis houfhald ferwandis, or cum furth of his houfe with him, be his 
directioun, and that thai 1 war borne ex meajcientia : And that na fact or deid 
is done with piftolettis to the hurt of ony perfone, quhilk is nocht expreft in the 
Summondis. It is anfuerit, aucht to be repellit, in refpect of the Act of Parlia 
ment and Dittay foundit thairupoun : And forder, feeing the lyk perfute hes oft 
tymes bene decydet and fund relevant in this Judgement ofbefoir, defyres my 
lord Juftice to advert thairvnto. It is anfuerit be the pannell, that the preceis 
wordis of the Law is not to be refpectit, bot anima et ratio legis, for the Law 
maker is nocht to puneife perfones for haifing piftolettis in thair cumpany by 1 
thair knowlege, bot 3 the breker of the Law be fchuting of piftolettis, and beir- 
ing of thame of purpois to offend thairwith. Anfueris the Aduocat, aucht to be 
repellit, in refpect of the Act of Parliament, quhairto he referris him felf. 

THE Juftice, with advyfe of the Afleffouris, Repellis the allegeances, in refpect 
of the lybell as it is fet doun, except for Reidhous, quhilk the Juftice continewis 
that matter quhill 4 the Counfell be advyfet thairwith. 

It is forder alleget for the pannell, that feing the Judge has ffund the Dittay 
relevant, in refpect he and his complices darnit and lurkit in maner lybellit ; 
that thairfoir, the pannell can nocht be convenit for \Villuime Douglas beiring 
of piftolettis ; becaus it is cleir, be the Decreit of Counfell producet, that Reid- 
hous wes vpone the Ball-grene, playing with him, Kirkmichell, the haill lycht, 
and fa poflibillie could nocht be darnit ofbefoir in the leght ; and the perfewer 
is nocht able to afferme that thai war darnit eftir the boilfpell 5 diffoluit. It is 
anfuerit be the Aduocat, it is nawayis contrair, feing Williame Douglas mycht 
haif bene in Kirkmichellis company afoir none, and with the pannell (efter none). 

It is allegit be the pannell, that the taking of ane man is nocht capitall, bot 
is only perfewit as ane Ryote befoir the Counfell ; and producet tua practikis 6 
led afoir the Counfell for the lyk cryme. It is anfuerit, aucht to be repellit, in 
refpect of the cowmoun Law and practik obferuit befoir the Juftice in the lyk 
perfutes ofbefoir : Repeittis Dumbrekis practik, M c gregouris, and Fintreis for 
verifieing thairof. It is anfuerit, for Dumbrekis practik, that he is nocht fa 

1 Viz. the pistolets. * Without. 8 Unless. 4 Until. s After the party broke 

up. This term is commonly written and pronounced Bonspeil, signifying a contest between two pa 
rishes or parties at ' curling' on the ice, archery, golf, &c. It is likely, in the present instance, to 
have been a match at ' golf, ' or, more probably, foot-ball, both of them favourite games in Scotland. 
The Ball-green favours this conjecture. Decisions ; instances ; parallel cases. 



45&9JAC. VI. CRIMINAL TRIALS. 215 

mekill convict for taking of the Kingis frie lege, as for Thift and Stouthe-reif ; 
quhilk he referris to his convictioun. It is allegit be the Aduocat, that Dumbrek 
is convict of Trefibne, for the taking and detening of Meldrum of Aquhorteis, 
and Andro Meldrum his brother. Allegis the lyk for M c Gregouris, quha war 
bayth convict and put to the death for the faidis cryraes : And as for Fintrie, 
the Summondis was ffund relevant, albeit he was abfoluet be J>e Affyfe. It is 
anfuerit be the pannell, thair was ma 1 cryme conipynet in thair Dittayis, nor 2 
fimple Taking only, and mair nor ane Taking ; and the Law Ordanis exercitlum 
Privati carceris, only to be ane cryme, loco, ' Jubens, codice, ' de Privatis car- 
ceribus? et Saldus ibid. : Quhilk Law is alfo derogait be ane pofteriour Law in 
that famyn Title, be quhilk (exercitium) privati career is is only punifchet pena 

and the practyk of ... . 3 is only to puneife pena pecuniaria ; and allegit 

Julius Clarus. 4 

It is allegit, the Laird of Kirkmichell, the tyme of his taking lybellit, was at 
the home, and be vertew of Letters of Captioun, was tane be the Scheref of the 
fchyre, quhome the pannell affiftit allanerlie 5 in the Taking : And producet the 
Hoirning and Letteris of Captioun, be the quhilk the Scheref-Depute, Robert 
Creichtoun, was charget to tak him, being rebell. It is anfuerit, that the alle- 
gance aucht to be repellit, in refpect the Letteris quhairupoun the Laird of Kirk 
michell is denuncet war fufpeuditjimpliciter, in fort) contradictor 70, and he relaxt 
be the fpace of ane half yeir of befoir. It is allegit be the pannell, that the tyme 
of Kirkmichellis taking, thair was na Relaxatioun fchawin, and na knawlege 
was gevin of his Relaxatioun to the Schireff ; and fa he was in optima fide in 
taking of the Kingis rebell, nocht knawin to him to be relaxt : And forder pro 
ducet ane Act, quhair Robert Creichtoun was conftitute Scheref-depute. It is 
forder allegit, that gif the Scheref had been perfewit for Taking of the Kingis 
fre lege, nocht knawn to him to be relaxt, bot charget to tak him ; as na Dittay 
could be relevant aganis him, in lyk manner, na proces aganis the pannell for 
being in his companie, and affifting the Scheref at that tyme. It is anfuerit, 
aucht to be repellit, in refpect of the Summondis, Decreit fufpending the Hoirn 
ing, and Relaxatioun produeet ; and the lybell beiring that Young Drumlanerig 
and his complices hurt and woundit Robert Creichtoun for Haying them to flay 
Kirkmichell; and fua can nevir allege that thai affiftit him in execution of his 
office. 

It is forder allegit, that this Dittay can nocht be comptit ane cryme, in relpect 

the perfone tane was the Kingis rebell ; and for verifeing thairof, repeittis the 

Hoirning producet for nocht payment of the Taxation ; and thairfoir the Dittay 

can nocht be put to ane Aflyfe : Quhilk Hoirning is daitit the xj of Februar 

1 More. * Than. 3 Obliterated in Record. 4 An old Commentator. 5 Only ; merely* 



216 CRIMINAL TRIALS. A.D. 1612. 

1601. It is anfuerit, that it is nocht onlie for Taking of the Kingis frie lege 
that the pannell is convenit, hot for Vfurpatioun of the Kingis authoritie. It is 
allegit, that except the perfone tane, the tyme of his taking, had bene the Kingis 
frie lege, it can nocht be fund that the pannell vfurpit the Kingis authoritie. 
It is anfuerit, that the taking of ony perfone but 1 Commiffioun of the Prince is 
Vfurpatioun of the Kingis authoritie, quhidder he be rebell or nocht. 

THE Juftice continewis, with advyfe of his Affeflburis, Interlocutour vpone 
the former allegeances to Tyfday nixt. 

It isforder allegit, that as of the Law, bannitus poteft impune occidi, Jic multo 
fortius capi et incarcerari; quhilk is expreflie decydit be Baldus, in the foir- 
faid Law * Jubens? codice ' de Privatis carceribus,' numero finali : And be Julius 
C]a.rus,Lt.Jententiarum f Homicidio. It is anfuerit be the Aduocat,that Banniti, 
of the Cowmoun Law, was only thay quha war declairit rebellis for ane capitall 
cryme. It is duplyit for the pannell, that of the Ciuill Law, that Banniti war 
alfweill rebellis for crymes, as for pecuniall fowmes ; and for preving thairof 
citit Julius Clarus, Lt.Jententiarum Homicidium. 

THE Juftice Continewis Interlocutour, with adyfe of his Afleflburis, to Tyfday 
nixt. 2 

Dec. 24. Compeirit Williame Douglas, younger of Drumlanerig, quha 
declairit that he offerit him lelf reddie to anfuer and abyd tryell vpone the Sum- 
mondis and Dittay, at the inftance of his hienes Aduocat : And als, is content, 
that nochtwithftanding the Laird of Kirkmichell be rebell, and was declarit be 
Hoirning the lail dyet, to pas fra the faid Hoirning vfet aganis him, and that 
he haif place and perfone to Hand in Judgement aganis him, and to infift in his 
perfute on the Summondis and Dittay producet aganis him : And in refpect 
thairof, the pannell defyret my Lord Juftice to pronunce Interlocutour vpone 
the allegeances and anfueris maid in this caus vpone Setterday laft, quhilk was 
the laft dyet of this proces. 

THE Juftice Defertis this dyet, and that in refpect that my lord Aduocat and 
the Laird of Kirkmichell, parteis perfewaris, quha war oft tymes callit to infift 
in this perfute, compeirit nocht to that effect. Quhairupone the pannell afldt 
inftrumentis ; and that nochtwithftanding thairof, he offerit him felf to defend 
accoirding to the Law, for the haill crymes contenit in the Dittay. 

(Apr. 24, 1612.) MY Lord Aduocat declairit that he wald infift for 
baithe the crymes contenit in the Summondis, alfweill for taking and incarcera 
tion, as beiring and weiring of piftolettis. The pannell, ffor cleiring of his In- 

1 Without. J [On the margin of the Record,] " This hail! proces preceidinp, be ane Act maid 
vpone the xxiiij day of Apryle, 1612, is he the Juftice, with advyfe of the Lordis of Secreit CounfelJ, 
ordanit to be deleit forth of the Buikis of Adiornall," &c. 



45 & 9 JAC. VI. CRIMINAL TRIALS. 217 

nocencie of the firft pairt of the Sumraondis, concerning the taking of the Laird 
of Kirkmichell, &c., producet ane Letter, fubfcryuit be the Laird of Kirkmichell, 
and certane famous WitneiTes ; quhairof the tennour followis. 

I, WILLIAM KIRKPATRICK, appeirand 1 of Kirkmichell, Teftifeisand declairis, that pe tymel went 
with 3oung Drumlanerig to the place pairof, quliilk was vpone the xv day of July, I m .Vj c . and ten 
jeiris, it was at my fpeciall defyre to gang with him, for efchewing of farther inconvenient to my bro 
ther and fie vtheris as war in my companie, for allegit wrangis done to his faper ; quhairof I was inno 
cent : And declairis pat I wes nocht tane pair againft my will ; and that efter I come to the Place of 
Drumlanerig, I was honeftlie and courteouflie interteneit, haifing frie libertie to pas quhair I pleifit, as 
ane frie Gentilman : And being on the morne paireftir oft and dyuerfe tyrnes requyret be 3ung 
Drumlanerig to pas quhair I pleafet, I refufet to go forth, in refpect of Aim informatioun I had refiauit ; 
arid remanet pair againft his will, quhill he forcet me to pas away, alwayis with fie forme of courtefie 
as he could vfe to fie ane Gentilman : And that I was nawayis detenit nor keipit as Captiue or Prif- 
foner : And that pe Letteris raifit at my inilance aganis him befoir pe Juftice, was by* my knawlege 
or advyfe : Quhilk I teftifie to be of treuthe. AND confentis pat pir prefentis be infert and regiftrat 
in the Buikis of Counfell or Adiournall : And to that effect, Conftitutis Mr Alexander King, aduocat, 
ray Pro r , to compeir and confent to pe regiftering heirof ; quhilk is writtin be Williame Penman, wryter 
in Edinburgh, and fubfcryuit with my hand, AT ED B , the ellevint day of Januar, the 3eir of God I m . 
fax hundreth and tuelf 3eiris, befoir pir Witneffes, Thomas Greirfone of Bariarg, James Greir his 
brop r , Sir Williame Greirfone of Lag, kny 1 , James Dowie, wryter, and George Bryce, inferter of pe 
dait and witnefles heirintill. KIRKMICHELL, Sounger. 

LAG, witnes, THOMAS GRIERSONE, witnes, JAMES GRIERSONE, witnes, 
J. DOWIE, witnes, GEORGE BRYCE, witnes. 

Compeirit the faid Mr Alexander King, as pro 1 for Williame Kirkpatrik, young 
er of Kirkmichael, and defyrit the famyn to be infert and regiftrat in the Buikis of 
Adiornall, to the effect foirfaid ; and alledges, that the faid cryme of Taking and 
Incarceratioun of Young Kirkmichell, can nawayis be put to the knawlege of ane 
AfTyfe, in refpect of the faid Letter and contents thairof : And for better fecuritie, 
defyret, as of befoir, the faid Letter and Declaratioun to be infert and regiftrat in 
the Buikis of Adiornall, therin to remane adfuturam rei memoriam. 

My Lord Aduocat takis inftrumentis of the productioun of the faid Letter 
and Declaratioun thairin contenit. The Pannell declairis he will vfe na vther 
defence in this matter, bot the allegeance immediatlie preceiding, and renunces 
all vther exceptiones proponit be him in this caus of befoir for this cryme, or 
competent to him aganis the fame. My Lord Aduocat producet HIS MAIESTEIS 
LETTER, and defyret the claufe following, infert thairintill, quhilk concernis this 
perfute, to be infert in the Buikis of Adiornall ; quhairof the tennour followis. 

AND as for that vther poynt of your Letter, concerning the forder following of that perfute intentit 
aganis SOUNG DRUMLANERIG, fforafmuch as We underftand that he, being laitlie reconceillit to Kirk 
michell jounger, is to compeir befoir our Juftice at pe day and place fpecifeit in 3our laft Summondis 
raifit againft him, and pairby (for clearing him felff of that cryme quhairof he is accufet) to alledge 
that he did naper violentlie apprehend, nor detene the faid Kirkmichell. IT is pairfoir our fpeciall 

1 Heir apparent. s Contrary to; without. 

VOL. III. 2 E 



218 CRIMINAL TRIALS. A.D. 1612. 

pleat our, that at J>e foirfaid dyet 5<>w continow 5our perfute againft him, and that vpone his allegeing }>e 
foirfaid exceptioun, 501? do demand of him, gif he will nocht halilie rely pairupoun, renunceing all vther 
exceptiones formerlie proponit in his defence : And vpone his Declaratioun that he will do fo, 3ow fall 
than inlii t for remitting )>c Tryell and furder confideratioun ]>airof to the Lordis of oar Counfell ; in- 
fitting, in the meane tyme, earnefllie, that theafe vther exceptions heirtofoir vfet in his defence, being 
fo dangerous, and by no prefident warranted, may nocht heireftir be recoirdit in the Regifteris of Ad- 
iornal, as lauchfull or tollerable Defences to be proponit in the lyk Caiflis, in ony tyme cuming :' 
Quhairin, nawayis douting of jour cair and reddines, We bid 3ow ffairweill. Frome our Court, ATT 
QUHYTEHALL, the nynteneth of Merche, 1612. 

And in relpect thairof, and of the allegiance proponit be the pannell and his 
Judiciall Declaratioun, that he renunces all his former Defenflis, proponit of be- 
foir in this caufe, for this cryme, or competent to him aganis the famyn, except 
vpone the particuler allegeance foundit vpone Kirkmichellis Declaratioun aboue 
mentionet, fubfcryuit be him, and producet be the pannell this day ; ffirft, defyres, 
accoirding to his Maiefteis commandment, that the tennour of the former De 
fenflis proponit be the pannell in this caufe, be deleit furth of the Regifter of Ad- 
iornall ; quhilk the Juftice hes prefentlie ordanit to be done : And nixt, defyret my 
lord Juftice, that he will be advyfet with the Counfell, concerning the allegeance 
aboue writtin, proponit this day be the pannell. My Lord Aduocat declairit 
that he paft fra the perfute of the panneH, for the laft pairt of the Summondis, 
for the beiring and weiring of piftolettis at this tyme and place : Quhairupone 
the pannell afkit inftrumentis. 

INTERLOCUTOR and Decifion of the Ju/tice and Lords of Secret Council. 

THE JU'STICE, In refpect of this Letter producet be Mr Alexander King, fubfcryuit be the Laird of 
Kirkmichell, and circum fiances contenit thairin, with advyfe of the Lordis of Secreit Counfall, Hindis 
that this matter can nocht be put to the knawlege of ane Affyfe : And ficlyk, in refpect that the 
pannell hes this day paft fra the haill former Defenflis proponit be him in this caufe, for the faid cryme, 
of befoir, in maner contenit in his former Declaratioun, the Juflice, with advyfe of the Lordis of Secreit 
Counfell, fittand this day in Counfell, Ordanis the haill former allegeances proponit in that matter of 
befoir, to be deleit furth of the Buikis of Adiornall. 

Quhairvpone my Lord Aduocat afkit inftrumentis ; lyk as the pannell alfo 
afkit inftrumentis, vpone the firft pairt of faid Interlocutour. 



Feb. 12, 1612. ROBERT SCOTT and ADAME SCOTT, Bailleis of Hawik ; 
Jok Scott, belman in Hawik ; Williame Donald, alias 
Nymbilly in Hawik ; John Lidderdaill, thair, callit Jok 
the Deacone ; Hob Scott, thair, callit Hob the Lonkie ; 

1 It is obvious that steps had been taken by the Officers of the Crown, in this remarkable Case, to 
procure the private agreement of the parties ; and on this being effected, the ' dangerus' Defences, so 
boldly and ably urged by the eminent Counsel and fore-speakers, would forthwith be expunged from 
the Record ; or, at all events, never be permitted to be cited as precedents in future. The Defences 
were accordingly withdrawn, on this understanding, that the matter would be privately adjusted by 
the Lords of the Privy Council, as umpires. No deletion appears on the face of the Record. 



45&9JAC. VI. CRIMINAL TRIALS. 219 

Jok Schorte, thair ; and Williame Johnneftoun, feruitour 
to Mariones Hob. 

Dilaitit for airt and pairt of the Slauchter of vmq le Johnne Ellote in Redden, 
callit Johnne of Rynfiegill, committit within the faid Jok Schortis duelling hous 
in Hawik, in the moneth of July, the yeir of God I m .Vj c . and ten yeiris. 

PERSEWAR, Beffie Ellote as relict, with the ffyve fatherles bairnes, &c. 
PRELOCUTOURIS for the pannell, Mr Thomas Nicholfoun and Lawrence Scott, Advocatis. 

The perfewar producet the Letteris deulie execute and indorfate ; and in re- 
fpect thairof, and that fcho offeris hir felf reddie to perfew, proteftis for the 
releif of George Elphingftoun of Glenfakiflbarneheid, and Williame Elphing- 
ftoun his brother, of thair cautionerie. 

It is allegit, that the Dittay is nawayis relevant to be put to ane AfTyfe, in 
relpect that the Dittay beiris that he was fund lying deid in the Irnes ;* bot it is 
of verritie, that vpone the morne thaireftir his committing to waird, 2 he hangit 
him felf in his awin belt ; and fa, haifing defperatlie put hands in him felf, the 
pannell can nocht be put to the Try ell of ane AlTyfe, as airt or pairt of his death. 
It is anfuerit, aucht to be repellit, in refpect the allegeance is contrair to the lybell. 

THE Juftice remittis the matter, anent the Slauchter of the defunct, and tryell 
of the treuth of pannellis allegeance, concerning the putting handis in him felf, 
to the knawlege of ane Affyfe. 

ASSISA, Jok Ellote, in Braidlie, Will Scott, in Branxholme, George Airmeftrang, in Grundunfyde. 3 

Robert Layng, being fuorne, in prefens of the pairtie and Aflyfe, and being 
inquyret concerning Jok Ellotes death, quhat he kenis thairof ? Deponis, he is ane 
mercheand ; being in the Kirk3aird of Hawik priking fum fkynnis, 4 and heir- 
ing that Jok Ellote was hingand in the ftepill, 5 come, vpone the repoirt thairof, 
into the fteepill, quhair he faw the defunct hingand, in his awin belt ; quhilk 
belt he cuttit, and thair being lyfe in the defunct, was brocht out, bot fhortlie 
thaireftir he deceift. Robert Scott, being examinat and folempnelie fuorne in 
the premifles, eft conformis precedent^ in omnibus 

VERDICT. The AfTyfe, all in ane voce, be the mouth of James Greiff in 
Bowman ehill, chanceller, ffand, pronuncet, and declairit the faidis perfoiies, and 
ilk ane of thame, to be Cleane, innocent, and acquit of airt and pairt of the 
Slauchter aboue fpecifeit. Quhair vpone thai, and ilk ane of thame, afkit actis 
and inftrumentis. 

1 Irons, or fetters. 2 After his commitment to prison or confinement. 3 Niniane 

Quhigholme in Peilbrae, (now written Whigham or Wigham,) and nine other < Afiyfouris* names fol 
low. * Being a leather merchant. 5 The accomodation for prisoners (in England as 
well as Scotland) was at this period of the most wretched description. Steeples were often fitted up 
with fetters in their square or lower parts, riveted into the wall, where these luckless victims were 
detained until Trial, without any Jail allowance. In cases of Witchcraft, &c., iron collars were added ; 
and it is highly probable that cases of suicide were by no means' infrequent, owing to the desperate 
circumstances of these miserable creatures. See Sir Walter Scoffs Letters on Demonology, &c. 



220 CRIMINAL TRIALS. A.D. 1612. 

" RODGER SCOT, Capitane of the Airmetage, Robene Ellote of Dunlabyre, Robene Ellote of Cop- 
fchaw, Frances Ellote bis brother," and nine others of lefler note, " vnlawit and amerciat, ilk ane of 
tbarae, in the pane of ane hundreth merkis," for thair nocht compeirance to haif paft vpone the Affyfe. 



, l)i* Council, &c CJrft, 

Mar. 11. WILLIAME TUEDIE, callit Coill-hoi/l, in Heuchbrae. 

Dilaitit of airt and pairt of certane poyntis of Thift, &c. : And for certane 
vnreverent and difdanefull fpeiches vtterit be him aganis the Kingis Maieftie, 
his hienes Counfell, and Juftices of peax. 

DITTAY again/I the Pannell. 

FORSAMEKILL as it is ftatute and ordanit, be dyuerfe Actis of Parliament, alfweill maid in his hienes 
awin tyme, as in hishienes prediceflburis tyme,of guid memorie,that na maner of perfone or perfones pre- 
fume nor tak vpone hand to vtter or geve out fclanderous, reprochefull, or trefibnabill fpeiches, ap er be 
woird or writ, aganis HIS MAIESTIE, his Counfell or Nobillitie,vnderthe pane of deid ; as the faidis Actis 
at lenth beiris : Nochtwithftanding quhairof, it is of verritie, that ]>e faid Williame Tuedie, in the moneth 
of December laftbypaft, haifing committit, ofbefoir, dyverfe Oppreffiones aganis findrie of his hienes 
peccable subiectis, and fpeciallie aganis Richerd Powrie, Minifter at Dawik, quha haifing complenit 
vpone pe faid Williame Tuedie to the Juftices of peax within the Sherefdome of Pciblis for ]>e famyn, 
thay direct! t Johnne Mathiefone in Stobo, and James Ruffell, tua of the Conftabillis of the faid Scheref- 
dome, to fummond and arreift him, to compeir befoir thame, in the Tolbuth of Peiblis, at ane certane 
day, to haif ordour tane with him for the faidis Oppreffiones ; quha, accoirding to pair directioun, cam 
and fummond and arreiftit ]>e faid Williame, firft in his Maiefteis name, and than in the name of j>e Lordis 
of his hienes Secreit Counfall, and of the faidis Juftices of peax, to the effect foirfaid ; nochtwitbftand- 
ing quhairof, he, altogidder vnmyndfull of his deutie, firft towardis his God, our Souerane lord, and 
Lordis of nis hienes Secreit Counfullis auctoritie, and of the faidis Juftices of peax, his hienes Judges 
and ordiner Magiftrattis ; nocht only irreverentlie, reprochefullie, and fclanderuflie vtterit and gaif 
vnfemelie fpeiches to the faidis Conftables againft the faidis Juftices of peax, be faying that he ' wald 
nocht gif ane fcab of his erfe for thame !' And defyret thame ' to cum and kifs his erfe !' Bot lykwayis, 
the faid Williame, at pe fame tyme, maift trefibnabillie, vnreverentlie, fclanderuflie, and vndewtiefullie 
faid to the faidis Conftables, that be ' wald nocht gif )>o fcab of his erfe ' for his facred Maieftie and 
Lordis of his hienes Secreit Counfell ; and bad ' his Maieftie and thame cum and kifs his erfe 1* And 
fua, be vttering of the faidis treflbnabill, vndeutifull, vnreverent and fclanderus fpeiches, he hes con- 
travenit ]>e tennour of ]>e faidis Actis of Parliament, and incurrit the panes of death appointed agania 
pe contraveneris pairof : Quhilk aucht and fould be execute vpone him, with all rigour, to the ter- 
rour and exampill of vperis. AND ficlyk, being Indytit and accufet, ffor cuming, in pe moneth of 
November 1583, to Carrane-mouth, in Stobo-hoip, and pair thiftiouflie ftaw, 1 reft, and away-tuik, fra 
tua cowmoun The vis, xxiiij auld fcheip, quhilkis war ftowin 2 be pame furth of Cliddifdaill : And for 
letting the faidis Thevis to frie libertie, and nocht prefenting of pame to pe Juftice. ITEM, ffor airt 
and pairt of the fteilling and away-taking of ane beir ftak, 3 contening tuelf fchevis of beir, committit 
in Januar, 1600 ;ciris. ITEM, ffor airt and pairt of the fteilling of ane quhite wedder-lamb, pertening 
to Williame Rufiell in Eiftertoun of Stobo, furth of the Knovell-fald ; committit in the moneth of 
Junij, 1601 jeiris. ITEM, ffor airt and pairt of pe Slaucbter of vmq le Eduard Curres in Braidfurd, be 
calling of ane llano at him, qnhairwith he ftrak him ane deidlie ftraik on the hert ; be the quhilk ftraik, 
he tuik bed and dwynet in pe fpace of ane ;-ir, and in end deceiffit of pe faid hurt ; committit in Junij, 
1596. ITEM, ffor airt and pairt of the fteilling of ane blak jeild* kow, fra James Foulden in I Lino of 

1 Stole. * Stolen. * Stack of barley. 4 Barren ; not giving milk. 



45&9JAC. VI. CRIMINAL TRIALS. 221 

Stobo, furth of the Hammer-bank, callit the Braid-flak-heid, iu the moneth of November, 1607 3eiris. 
ITEM, ffor airt and pairt of the fteilling fra Patrik Mathiefone, in Harro, of ane quhyte jow, 1 furth of 
J>e grund of Harro, in the moneth of December, 1607 jeiris. ITEM, for dryveing to ane bucht 2 at )>e 
Blak-hill-ftell, in Harro-heid, of aucht jowls, pertening to Johnne Alexander, in Harro-heid : And ffor 
the thiftious clipping of the faid aucht fcheip, and fteilling and away-taking of the haill aucht fleifles 
of woll ; committit in the moneth of Junij, 1602. ITEM, ffor airt and pairt of the fteilling, cutting- 
doun, and away-taking of tuelf grit allour-treyis, 3 furth of Dawik-woid, in the moneth of Auguft, 

1607 3eiris. ITEM, ffor airt and pairt of the Murthour and Slauchter of Mathiefone, his 

fpoufe, be ftriking her in dyuerfe pairtis of hir body, quhairof fcho deceiffit paireftir. ITEM, ffor Cow- 
mone Tliift, Cowmone Reflet of Thift, outputtiug and inputing of Thift fra land to land, fra cuntrie 
to cuntrie, baith of auld and new. 

PERSEWAR, Sir Thomas Hammiltoun of Byres, kny*, Aduocat to our fouerane lord. 

PRELOCUTOURIS for the pannell, Mr Laurence M c gill and Mr Dauid Aytoun, Aduocatis. 
It is allegit, that the pannell aucht to half bene citet vpone xv dayis wairn- 
ing. It is anfuerit, aucht to be repellit, in refpect the pannell is brocht furth of 
waird to the Bar ; quha hes bene wairdit this foure monethis for the crymes 
lybellit. It is allegit that Johnne Mathiefone can nocht pas vpone this Aflyfe, 
becaus he is pairtie and vpgeter of the Dittay, and is Conftable, to quhome the 
allegit fpeiches was vtterit. Aucht to be repellit, in refpect of the perfute at the 
inftance of the Minifter of Dawik, quha perfewit the pannell afoir the Counfell, 
for injurie done ; and the faid Johnne Mathiefone was alredie reflauit Witnefs, 
and examinat be the Counfell ; and fa may be ane Aflyfour. 4 

ASSISA. 

Johnne Mathiefone, Conftable of the parochin of Stobo ; James Ruffell, Conftable thair ; 
James Rammage, Conftable thair ; Johnne Reidfchaw in Wefter Hoprew ; Adame Ruflell, fmyth thair. 5 

The Aduocat, for verificatioun of the Dittay, &c., producet ane Decreit of the 
Lordis of Secreit Counfell, finding the fpeiches aboue writtin to be cleirlie pro- 
vin ; and proteftit for Wilfull Errour, in caife thay Acquit. The pannell afkit 
inftrumentis, that nane compeir to fweir the Dittay. 

VERDICT. The Aflyfe, all in ane voce, be the mouth of the faid Johnne Ma- 
thefone, chanceller, ffand, pronuncet, and declairit the faid Williame Tuedie to 
be ffylit, culpable, and convict of the fclanderus, reprocheful, and vnreuerent 
fpeeches vtterit be him aganis his Maieftie, his hienes Secreit Counfell and Juf- 
tices of the peace, in maner Ipecifeit and contenit in the firft Article of his Dit 
tay, and Decreet of the Lordis of Secreit Counfell, producet, for verificatioun 
thairof : And as to the remanent crymes aboue writtin, contenit in the faid Dit 
tay, ffand, pronuncet, and declairit the faid Williame to be Cleane, innocent, and 
acquit thairof. Quhairvpone the faid Williame afkit inftrumentis. 

1 Ewe. 8 < Ewe-buckt,' a pen or fold, where sheep are sheltered at night. 3 The oiler 

or alder-tree. 4 The admission of this person and his fellow-Constables, was contrary to every 

principle of justice ; and very strongly shows how extremely arbitrary the proceedings of the Court 
were, at this period. 5 Ten other names are inserted, but they were persons of no note. 



222 CRIMINAL TRIALS. A.D. 1612. 

THE Juftice continewis the pronunceatioun of Dome, to ffryday next, that in 
the meane tyme he may tak advyfe with the Lordis of Secreit Counfell thair- 
anent. 

(Mar. 13.) SENTENCE. The Juftice, with advyfe of the Lordis of his 
hienes Secreit Counfell, be the mouth of Alexander Kennydie, dempfter of Court, 
decernit and ordanit the faid Williame Tuedie, in Heuchbra, to be SCURGET 
through the Burgh of Edinburgh t And thaireftir to be BANISCHET furth of 
his Maiefteis haill dominionis : And nawayis to returne agane within the 
famyn, vnder the pane of hanging to the deid, but 1 forder Dome: And being 
fcourget throw the towne, that the Magiftratis of Edinburgh returne him bak 
agane to his waird, within thair Thevis-hoill, thairin to remane quhill ane 
fchip be provydit to tranfpoirt him furth of his Maiefteis dominions, in maner 
foirfaid. 



Mar. 13. ALEXANDER FRENCHE, Tutour of Thorniedykis, 2 and James 
Wicht, at Gordoun-mylne, his fifter-fone. 

Dilaittit of airt and pairt of the Slauchter of vmq le Johnne Cranftoun, brother 
to Patrik Cranftoun of Corfbie ; committit be thame vpone the grund and landis 
of Boun, in the Merfe, vpone the tent day of Februare laftbypaft, be wounding 
of him in the heid, leg, and dyuerfe vtheris pairtis of his bodie, to the effufioun 
of his blind in grit quantitie : Off the quhilkis ftraikis and deidlie woundis the 
faid vmq le Johnne nevir thaireftir convaleffit : bot, vpone the firft day of Merche 
inftant, depairtit this lyfe, of the faidis hurtis and woundis. 
PERSEWAR, Patrik Cranftoun of Corfbie, as brother. 

The perfewar, be his grit aithe, declairis that he hes moft caus to perfew : And 
fueris the faid Dittay to be of verritie, and takis inftrumentis thairupoun ; and 
Proteftis for Wilfull Errour, gif the Aflyfe Acquit. As alfo, for verificatioun 
thairof, haifing vfet and producet the Depofitiones of certane famous Witnefles, 
quhilk was oppinlie red in Judgement. 

VERDICT. The Aflyfe, all in ane voce, be the mouth of Hew Bell in Blithe, 
chanceller, ffand, pronuncet, and declairit the faid James Wicht to be ffylet, cul 
pable, and convict of the crewal and vnmerciefull Slauchter of the faid vmq le 
Johnne Cranftoun. AND ficlyk, for the maift pairts, Declairit the faid Alexan 
der Frenche, to be ffylet, &c. SENTENCE. To be tane to the Caftell-hill of 
Edinburgh, and thair, thair heidis to be ftrukin frome thair bodeis ; and all thair 
moveable guidis to be efcheit and inbrocht to his Maiefteis vfe, as convict, &c. 

1 Without. * See the Trial of Sir Patrick Chirnesyde of East Nisbet, and others, Nov. 8, 

1616, for Forcible Abduction and Marriage of Adam Frenche of Thornydykes, &c. 



45&10JAC. VI. CRIMINAL TRIALS. 223 



at 

May 8. DOUGALL M C GREGOUR alias Dougall M'candochie, Callum 
M'gregour callit M'calexter Jcoir, 1 and Duncane M c carlich 
Cul3ame M c gregour. 

Dilaitit for being in companie with THE LAIRD OF M C GREGOUR and his 
complices, at the Raid and ffeild of Glenfrwne, 2 in the moneth of ffebruare 1603 
yeiris, aganis the Laird of Lufe, his kyn and freindis : And for being in cum- 
panie with the Laird of M c gregour, at the burning of Barnehill, pertening to 
Colene Campbell of Laweris, 3 quhair thai flew nyne men and thre bairnes ; Ro 
bert Abroche M c gregour, and Johne M c ffadrik, being thair with thaim. 

THE Juftice continewis the puting of the perfones foirfaidis to ane Aflyfe to 
Thurifday nixt. 4 Thaireftir, the perfones on pannell, be Ordinance of the Coun- 
fall, war ordanit to be delyuerit to the Erie of Lynlythgow, and he to hald Court 
vpone thame, conforme to ane Commiffioun gevin to the faid Erie to that effect. 

Creasonafcle amtmommtmmjr tott& Stajw, sometime 



May 16. NINIANE AIRMESTRANG callit Ninianes TJiome, fone to 

Thomas Airmeftrang ; and Johnne Amulliekyn, in Cruikis. 
Dilaitit ffor the treflbnabill Reflet, fupplie, Intercowmoning, and accumpaneing 
of JOHNNE, fumtyme LORD MAXWALL, S his Maiefteis declairit Tratour, fforfalt 
in Parliament, for dyuerfe crymes of Treafone and Lefmaieftie, at lenth fpecifeit 
and contenit in the proces and dome of fforfaltour deducet aganis him : And 
namelie, the faid Johnne Amulliekyn, for Refletting, Suppleing, and Intercow 
moning with the faid fumtyme Lord Maxwall, within his awin duelling hous in 
the Cruikis, and in his barne thairof, vpone the tuentie fax day of Apryle laft- 
bypaft ; at the quhilk tyme, he haifing reflauit fra the faid fumtyme Lord Max- 
wall the fowme of ten pundis ; he, for obedience of the faid Lord Maxwallis di- 
rectioun, paft thairwith vpone the morne thaireftir to the Toun of Dumfreis, to 
the faid Niniane Airmeftrang, quhair thay bocht ane hagbut and ane pair of 
fchone, 6 quhilk was delyuerit be the faid Johnne AmuUiekin to the faid Niniane, 
to be gevin to the faid fumtyme Lord ; conforme to the faid Johnne Amulliekyn 
his Depofitioun, maid be him in prefens of my Lord Chanceller, and vtheris Lordis 
of his Maiefteis Previe Counfell : AND ficlyk, the faid Niniane, for Intercow 
moning and keiping companie with the faid Johnne, fumtyme Lord Maxwall, 

1 M c allaster scoroch, q. d. buck-toothed. z See Jan. 20, 1604. 3 This person is under 

stood to have been Colin Campbell of ABERUCHILL, and the Barnehill, which is here stated to have 
been burned, is likely to have been some appendage of that property. 4 In consequence of the 

subsequent order, rib further procedure took place before the High Court of Justiciary. 5 See 

his Trial, Juri. 24, 1609, &c., III., 28, &c. 6 Shoes. 



224 CRIMINAL TRIALS. A.D. 1612. 

declairit Tratour, in the faid moneth of Apryle laftbypaft, be the fpace of fy ve 
dayis togidder, in the Langwoid and Schillingtonehill ; and for bringing of ane 
hagbut fra James Louk, and delyuering the fame to the faid Lord Max wall, his 
Maiefteis declairit Tratour ; and bringing of the faid vther hagbut, with the 
pair of fchone reflauit be him fra the laid Johnne Amulliekyn, within the toun 
of Dumfreis, and delyuering the famyn to the faid Lord Maxwall ; as at lenth 
is contenit in thair Dittayis. IN doing quhairof, the faidis Johnne and Niniane 
had committit manifeft Treafone : And thairfoir, according to the Lawis of this 
realme, had incurrit the panes and pwneifchment of tynfell 1 and fforfaltour of 
lyfe, landis, and guidis, to be inflictit vpone thame ; to the terrour of vtheris. 

VERDICT. The Aflyfe, be the mouth of Dauid Bailie, burges of the Canno- 
gait, chanceller, ffand, pronuncet, and declairit, all in ane voce, the faidis Johnne 
Amulliekyn, and Niniane Airmeflrang, and ather of thame, to be ffylit, culpable, 
and convict of the crymes aboue fpecifeit in thair Dittay ; and that in refpect of 
thair awin Judidall Confeflioun and Depofitiones producet. SENTENCE. To 
be tane to the mercat croce of Edinburgh, and thair to be hangit vpone ane gib 
bet, quhill thai be deid : And all thair landis, heritages, guidis, and geir, gif thai 
ony haif, to be fforfaltit and efcheit to his Maiefteis vfe, as convict, &c. 



^un. 3. GAWIN HORNE in Inner Kethie, and Ilbbel Jak, mother to the 

faid Gawin. 

Dilaitit, accufit, and perfewit, that thei with their complecis, being bodin in 
feir of weir, with fwordis, durkis, and vther vapones invajtue, laitlie, vpone the 
laxt day of Januar laftbypaft, haifing confauit ane deidlie feid, rancour, and ma 
lice caufles, aganes wmq le Patrik Low in Naderdaill, came vnder filence and clud 
of nycht to the toun of Nether Kethie, quhair he was going hame to his duelling 
hous, in maift peciabill maner, vnder Godis peax and our fouerane lordis, and thair 
Vnbefet his hie-way and paflage, 2 and crewallie Invaidit him for his Slauchter, 
hurt and voundit him in his body and breift, with durkis and fwordis, to the 
effufione of his bluid in grit quantitie : Of the quhilkis hurtis he newer conva- 
leflet, hot continewing bedfaft in grit dollour and difeis thairof, vnder the cuir 
of chirurgeanes, be the fpace of fourtein dayes, or thairby; quhill at laft, the faid 
vmq le Patrik, vpone the tuenty day of the faid moneth of Januar, depairtit this 
lyfe : And fwa wes crewallie and vnmercifullie flane be thame ; and thei and 
ather of thame wer airt and pairt of the faid crewall Slauchter. 

1 Loss ; deprivation. * Waylaid ; lurked, or lay in ambush for, for the purpose of * befetting.' 

See various Trials in this Collection, where this phrase repeatedly occurs. The highway was likewise 
said to be ' umbefet,' when one party blocked up the road with his retainers, for the purpose of daring 
his rival to pass or to give battle, and thus force a passage, if he could. 



45&10JAC. VI. CRIMINAL TRIALS. 225 

PERSEWAR, Andro Low as fone. PRELOCUTOUR for the perfewar, Mr Williame Livingftoun. 
PRELOCUTOUR for the pannell, Mr Jolinne Ruflell, Aduocat. 

Proteftis for Wilfull Errour in caife they Acquit. 

Mr Johnne Ruflell takis inftrumentis, that thair is nane to fvreir the Dittay 
bot ane young boy of faxtene yeir awld ; and fwa can mak na faith. Produces 
ane inftrument fubfcryuit be the Juftice of Peax and the Conftabill, for verifica- 
tioun of the Slauchter of vmq le Patrik Low and cleiring of the famyn, fubfcry 
uit be the faid Conftabill, Johnne Innes of Knokcorth, ane of the Conftabillis of 
peax ; and fchawis that Williame Smairt confeflit that he hurt and voundit the 
faid vmq le Patrik. Quhilk cryme the pannell alluterlie denyit. 

VERDICT. The Afiyfe, be the mouth of George Leflie in Drurnblair, chancel- 
ler, for the maift pairt, ffand, pronuncit, and declairit the faidis Gawin Home 
and Iflbbell Jak to be Clein, innocent, and acqueit of airt and pairt of the faid 
Slauchter. 



from tfje &attr of tyt 

Jun. 5. ROBERT MAXWALL of Potterak, Alexander Fergufone of the 

Yle, Johnne Charteris in Redingwoid, Johnne Wallace in Car- 

ne3eill, Thomas Edjer in Holme, and Mr Samuell Kirkpatrik. 

Dilaitit for Contravening the Proclamatioun in abyding fra the Raid of the 

Yles, in anno 1608. 

PERSEWAR, Andro Lord Stewart of Vchiltrie. 

My Lord Vchiltrie paffis fra perfute of Mr Samuell Kirkpatrik. He alfo 
paffes from the purfuit of Hew Douglas and Thomas Douglas in Dalvene. 
Williame Greir provin to be feik, be the Depofitioun of Johnne Broun, Minifter 
of Glencairne. James Fergvjoun of Crochedow, provin to be feik, be the faid 
Minifteris Depofitioun. 

THE Juftice continewis this matter to the morne, in eodemjtatu quo nunc ejl. 

Jun. 6. IN refpect na pairtie compeiris this day to infift in thair per 

fute, Proteftis for thair cautioneris releif ; and that thai be nocht charget or 

trubillit for the faid allegit cryme, in ony tyme cuming. And thairupoun aflut 

inftrumentis. 

Jftutilatton antr jDrmnnfcratioit. 

Jun. 12. WILLIAME RUTHERFURD of Synewallis, and George Well 

his feruand. 

Dilaitit for the Mutilatioun and Demembring of James Weir, feruitour to 
Williame Weir in Softlaw ; committit in ifebruar 1611, of the formeft finger of 
his left hand. 

VOL. in. s 21 F 



226 CRIMINAL TRIALS. A.D. 1612. 

PBRSEWER, James Weir. 

PRELOCUTOUIUS in defence. 

Sir Robert Stewart, Mr Johnne Rutherfurd, Mr Johnne Rufiell, Mr Jobnne Dauling. 

JAMES WEIR, feruitour to Williame Weir in Softlaw, Dilaitit of airt and 
pairt of the Mutilatioun of Williame Rutherfurd of Synewallis of his .... 
hand, at the leift of the mid-finger thairof ; committit in ffebruar 1611. 
PERSEWAR, Williame Rutherfurd of Synewallis. 

PRELOCUTOURIS in defence. 

The Laird of Blaikwoid, The Laird of Lammingtoun, The Laird Symontoun, 
The Guidman of the Caveris, Robert Hammiltoun, Aduocat. 

It is allegit be Mr Johnne RufTell, that the Dittay is altogidder irrelevant ; and 
thairfoir can nocht pas to ane AflTyfe : And as to that article of the Dittay, con 
cerning the demembring James Weir of the finger, quhilk is the only point that 
fould be tryit in this Judgement, nather mutilatioun nor demembratioun is re 
levant ; becaus, except the haill hand had bene cuttit af, it can nocht be comptit 
demembratioun ; and the finger is nocht ane member,^*/ tantum ejl pars mem- 
bri. It is forder allegit, that this Dittay aganis Rutherfurd and his man can 
nocht pas to ane Aflyfe, becaus, gif ony mutilatioun or hurting was done to 
Weir, the farnyn was done in Rutherfurdis a win defence, he being in fober 
maner pafTand out the hie-way, convoyand ane gentilman to his hors ; at quhilk 
tyme, vnder nycht, Weir, with ane drawin fuord, invaidit Rutherfurd ; and fa, 
gif ony hurt wes gevin to Weir, it was in Rutherfurdis defence. It is anfuerit, 
that the'Dittay is relevant, nochtwithftanding of the allegeance ; and defyres the 
Afiyfe to cognofce, quhidder the famyn was done in Weiris defence or nocht ; 
quhilk Weir altogidder denyis. It is allegit be James Weir, that the lybell at the 
inftance of Williame Rutherfurd aganis him can nocht pas to ane Aflyfe ; and 
gif ony mutilatioun was done to the faid Williame Rutherfurd, the famyn was 
done in Weiris awin defence. 

Compeirit, Williame Lord Cranftoun, Commiffioner for his Maieftie, and de- 
fyret my Lord Juftice, that thir tua perfutes, movet in this Judgement, may be 
remittit to the Commiflioneris, to be tryit befoir thame, feing the factis lybellit 
was done within the boundis of thair Commiflioun : And ficlyk, feing thair is 
ane Court affixt to be haldin within the boundis thairof, quhair juftice fall be 
miniftrat to ony pairtie, conforme to the Lawis of this realme. 

THE Juftice continewis this matter to Thurifday nixt, vnto the tyme he be 
advyfet with the Counfell, concerning my Lord of Cranftones defyre. 

Lawburrows are granted at the instance of the parties against each other, viz. 
' Mr Johnne Rutherfurd become fouertie and Lauborrus for Synlawis and his fer- 
wand, &c. vnder the pane of ffyve hundreth merkis, and thre hundreth merkis. 
William Rutherfurd of Synlawis for the faid Mr Johnne, vnder the pane of thre 



45&10JAC. VI. CRIMINAL TRIALS. 237 

hundreth merkis. And James Douglas of Todhoillis for George Weir of Blaik- 
woid, and for the pannell James Weir, vnder the pane of ane thowfeand pundis, 
and thre hundreth merkis.' 

Thaireftir the Juftice abfolutelie, without forder continuatioun of this matter, 
Remittit the tryell of baith thir actiones, perfewit be ather pairtie aganis vtheris, 1 
to the Commiffioneris, to be cognofcet and tryet be thame as accoirdis of the Law. 



from tije 3Uatt of tfyt 

Jun. 25. ROBERT HEREIS, in Lafoun, and five others. 2 
Dilaitit for contravening of his Maiefteis Proclamatioun, in nocht paffing ford- 
ward with Andro Lord Stewart of Vchiltrie, his hienes Lieutennent, to the Raid 
of the Yles, in anno 1608. 

PRELOCUTOURIS in defence, Mr Johnne Halyday, Mr Johnne Belfis. 

The perfones on pannell takis inftrumentis of thair compeirance, and declairis 
that thay war nawayis fubiect to the tennour of the Proclamatioun ; in refpect 
thai ar nather Erles, lordis, barrones, feweris, frehalderis, or landit gentilmen ; 
and gif the famyn can be tryit 3 that thai war lie men, the tyme of the making 
of the faid Proclamatioun to the faid Raid, thay ar content to affigne, and be thir 
prefentis affignis, thair haill landis and heritages to the Kingis Maieftie, &c. 
And in refpect thair is na pairtie perfewer prefent to infift in thair perfute, pro- 
teftis for thair cautioneris releif, and that thai be nocht callit or perfewit, for this 
matter, at ony tyme heireftir. 



Jul. 1. ROBERT FORBES, fone to James Forbes of Mylnebowie. 
Dilaitit, accufet, and perfewit by DITTAY following. FORSAMEKILL as he, 
accumpaneit with Williame Forbes, callit of Mylnebowie, and Patrik Forbes his 
brother, now rebellis and att the home for the cryme vnderwrittin, and diueris 
vtheris thair complices, haifing confauit ane deidlie feid, rancour, and malice 
aganis the faid vmq le Johnne Ker, vnderftanding him to haif bene att the Kirk- 
toun of Skene, att the mariage of his wyfes fitter ; thay, vpone the fyftene day 
of October laftbypaft, darnit thame 4 in the hie-way, betuix the faid Kirktoun of 
Skene and the faid vmq le Johnne Ker guidfatheris hous, in . . . ., quhair the 
faid vmq le Johnne had his refidence for the tyme ; and thair, bodin 5 with fwordis, 
dageris, gantillettis, and vtheris wapponnis invafiue, lay att wait all that day for 
the faid vmq le Johnnis hame-cumming : Lyke as, about the ewening, vnder fi- 
lence and cloud of nycht, the faid vmq le Johnne, lipning for na ewill, harme, or 

1 By both parties against each other. 2 This case was continued from Jun. 23. 3 Proved ; 

instructed. 1 Hid ; concealed themselves. 5 Furnished ; provided. 



228 CRIMINAL TRIALS. A.D. 1612. 

iniurie of ony perfonnes, hot to half pad hame to his hous in peceabill maner, 
vnder Godis peax and our fouerane lordis, haifing tane his hors with ane young 
woman on behind him ; in his hame-pafling to his faid guidfatheris duelling 
hous, was vmbefett in the hie-way, be the foirnameit perfones ; quhair, befoir 
ewir he wes aduertefit of thame, thay, with thair wappinnis foirfaidis, maid 
fchamefullie ftrak him fra his horfe, and maift crewallie invaidit him for his 
flauchter, gaif him twa crewall and deidlie ftraikis in the heid with their fwordis, 
and hurt and woundit him in dyverfe pairtis of his body ; to the effufioun of 
his blude in grit quantitie : Off the quhilkis crewall woundis, he newir thair- 
eftir convaleft, bot continewand in grit dolour and payne thairof, vnder the 
cuir of cherurgeanis, be thefpaceof ellevin oulkis 1 or thairby thaireftir ; quhill 2 
at laft, the faid vmq le Johnne Ker, in the moneth of Januar laftbypaft, deceiffit 
of the faidis deidlie woundis ; and fwa wes crewallie and vnmerciefullie flayne 
be the faidis (perfones) : And the faid Robert Forbes is airt and pairt of the faid 
crewall flauchter of the faid vmq le Johnne Ker ; committit vpoun fett purpois, 
prouifioun, and foirthocht fellony. 

PERSEWAR, 

Johnne Ker at the mylne of Clwney, as father ; Alexander Gordoun of Clwny, affifter in this perfute. 
PRELOCUTOUHIS for the pannell, Mr Johnne Ruflell, (Advocate.) 

It is allegit, that this matter can nocht pas to ane Aflyfe, becaus in November 
1611, eftir the allegit hurting, this perfewar haifing intentit actioun befoir the 
Counfell -aganis Williame Forbes of Mylnebowie, and Patrik Forbes, his brother, 
committeris of the flauchter, to haif hard and fene thame decernit to haif com 
mittit ane oppin and manifeft Ryote and Oppreflioun : ffor preving of the quhilk 
complent befoir the Counfell, the faid Johnne Ker vfet the pannell as ane wit- 
nes to verifie the fame ; and fua, haifing anes vfet him as witnefs in the faid 
matter, thai can nevir be hard to follow him as pairtie. For verifeing quhairof, 
producet the Counfellis Act, and ane teftifieat of his fummonding, fubfcryuit be 
Alexander Watfone, meffinger. Anfueris, thair was na witnefle led in the pro- 
ces afoir the Counfell ; and albeit at that tyme na knawlege of the pannellis gil- 
tines was cleirlie knawin, yet that can nocht liberat him fra pwneifchment, his 
giltines being tryit 3 thaireftir. 

THE JUSTICE remittis the fame to the Affyfe. 

VERDICT. The Aflyfe, be the mouth of Alexander Thome in Eifter Cairny, 
chanceller, all in ane voce, ffand, pronunceit, and declairit the faid Robert For 
bes to be Cleane, innocent, and acquitt of the flauchter of the faid vmq le Johnne 
Ker ; and of airt and pairt of the faid Slauchter. 

1 Weeks. Until. Proved ; established. 



45&10JAC. VI. CRIMINAL TRIALS. 229 



Jul. 3. THOMAS MAXWALL of Arenyning, 1 brother to Alexander Max- 
wall of Logane ; Johnne Huttone, meffinger in Carlingwark. 

Dilaitit of the crymis fett doun in the Letteris and DITTAY following. FOR- 
SAMEKILL as the faid Thomas, accumpaneit with Johnne Maxwall, fone to the 
faid Alexander Maxwall of Logane, now fugitiue and at the home for the flauch- 
ter vnder writtin, vpone the tuentie nyne day of Apryle laftbypaft, haifing con- 
fauet ane deidlie feid, rancour, and malice againft vmq le Johnne Mnacht of Kil- 
quhannatie, and vnderftanding that thair was ane tryft 2 affixt to be keipit at the 
toun of Carlingwark, betuixt him and Dauid Maxwall of Newark, the faid day ; 
the faid Thomas and Johnne, his brother-fone, 3 and vtheris thair complices, 
bodin 4 with fuordis, quhingeris, and vtheris wapponis inuafiue, come to the faid 
toun of Carlingwark, quhair the faid vmq le Johnne M c nacht was rydeing vp and 
doun, attending vpone the faid Dauid Maxwall of Newwarkis cuming, in fober 
and quyet maner for the tyme, lipning for na harme, iniurie, or perfute of ony 
perfone, bot to haif levit vnder Godis peax and our fouerane lordis ; and haifing 
firft violentlie drawin him af his horfe, and thaireftir compellit him to pas with 
thame in to Johnne Huttone meffengeris hous, in Carlingwark, thay thair, efter 
dyuerfe ruche 5 and hard fpeiches vtterit to him, drew thair quhingeris and fuordis, 
and within the faid hous perfewit him for his flauchter : The faid Thomas Max- 
wall grippit him be baith the airmes, and held him, vnto 6 the tyme the faid Johnne 
Maxwall, his brother-fone, gaif him tua ftraikis, the ane at the hert, and the 
vther on the left airme : Off the quhilkis, he immediatlie thaireftir deceiffit ; and 
fa was crewallie and vnmerciefullie flane be the faidis Johnne and Thomas Max- 
wallis : And thay and ather of thame ar and war airt and pairt of his faid flauch 
ter ; committit vpone fet purpois, prouifioun, and foirthocht fellonie ; in hie and 
manifeft contempt of our fouerane lordis au.ctoritie and lawis. 

PERSEWARIS, Johnne M c nacht, burges of Edinburgh, neir kynfman ; (Capitane) Charles Geddes 
of Rachan ; [Margaret Gordoun, Lady Kilquhannatie, the relict, with the thrie fatherles bairnes, kyn 
and friendis of vmq le Johnne Maknacht of Kilquhannatie.] 

PRELOCUTOURIS for the pannell, Alexander Maxwall of Logane ; Johnne Maxwall of Couhaithe ; 
Robert, Maifter of Maxwall ; Mr Williame Maxwall of Caveris ; Mr Alexander King, Aduocat ; 
Adarae Cunninghame, Aduocat ; Sir Robert Maxwall of Spottis ; The Guidman of Cowhill. 

The perfewaris, vnderftanding Johnne Huttone to be innocent of the flauch 
ter, paffes Jimpliciter fra his perfute ; quhairupoune Johnne Huttone aflds in- 
ftrumentis. 

VERDICT. The Aflyfe, be the mouth of James Cannane of Killochie, chancel- 
lar, all in ane voce, ffand, pronuncet, and declairit the faid Thomas Maxwall to 

1 In the Dittay called of Aremein. 2 An appointed meeting. 3 Nephew. 4 Provided 

furnished. 5 Rough ; uncouth. 6 Until. 



230 CRIMINAL TRIALS. A.D. 1612. 

be Cleane, innocent, and acquit of the flauchter of the faid vmq le Johnne M c nacht 
of Kilquhannatie, and of being airt or pairt thairof. 

Alexander Max wall of Logane become plege and fouertie for Thomas M. his brother germane 
and Capitane Charles Geddes of Rachan, and Johnne^M c nacht, mercheand burges of Edinburgh, ather 
of thame become pleges and fouerteis for vtheris, 1 that thai and ather of thame fall obferue and keip 
his Mairilris |n-a\ to all our fouerane lordis legis, and nawayis to moleft or trouble thame in thair 
perfones, gnidis, or poflefliones, vtherwayis nor* be ordour of law and juftice; ather of thame vnder 
the pane of ffyve hnndreth merkia. 



uirtrer trust 

Jul. 11. PETRIE M C GILLIEVORICHE in Brachloche. 

Dilaitit of the crewall Murthour and Slauchter of Duncane M c allafter and 
M c gilliecreift, 3 his tua fifter-fones ; and for dyuerfe poyntis of thift, (viz.) FOR 
airt and pairt of the crewall and abhominabill Murthour vnder Truft of vmq le 
Duncane M c allafter, his fifter-fone, be fchuitting him with ane hagbut throw the 
body ; committit in the moneth of Apryle, the yeir of God I m .Vj c . and thre yeiris. 
ITEM, for airt and pairt of the thiftious fteilling, at the leift refletting, of fourtie 
fcheip, pertening to the Guidman of Campbell-Burnet. AND for airt and pairt 
of the thiftious fteilling of tua oxin and ane kow, pertening to Johnne Leith in 
Edingerroche ; committit a tua yeir fyne, or thairby. ITEM, for airt and pairt 
of the fteilling fra Adame Leith of foure oxin ; committit a tuelf yeir fyne, or 
thairby. ITEM, for cowmoun thift, cowmoun reflet of thift, outputting and in 
putting' of thift, fra land to land, fra cuntrie to cuntrie, baith auld and new. 
PERSEWAR, Mr Williame Oliphant of Newtoun, Aduocat to our foueran lord.* 

ASSISA. 
Williame Forbes of Monymuflc, George Jope in Cowclarachie, Mr Johnne Home, fervand to the 

Younger, Johnne Woid in Mylnebowie, Laird of Frendraucht, 

Mark Mawer of Mawerftoun, Andro Meldrum of Dumbrek, Johnne Forbes, feruitour to my 
Edmond Gradane in Kinloche, Alex. Irwing, Younger of Lenturk, Lord Forbes, 
Williame Lummifden, brother to Patrik Mortimer, George Gordoun, feruitour to the 

the Laird of Cufchnie, Mr Patrik Grant, Minifter at Laird of Lefmoir, 

Tho 8 Cowie, burges of Abirdene, Cromedaill, Mr Robert Elphingftoun, Tutour 

of Glak. 

VERDICT. The Afiyfe, be the mouth of the faid Williame Forbes of Mony- 
mufk, chanceller, all in ane voce, flfand, pronuncet, and declairit the faid Patrik 
to be ffylet, culpable, and convict, according to his awin Confeflioun, fet doun 
in his Depofitiones, of the crymes refpectiue aboue fpecified. 

SENTENCE. To be tane to the mercat croce of Edinburgh, and thair, vpone 
ane gibbet, to be hangit quhill he be deid : And all his landis, heritages, &c., 

1 For each other. 2 Otherwise than by form of Law. * No mention is otherwise made 

in the Dittay or proceedings of this murder of M c gilliecreist. * He appears here for the first 

time, in the Record, as Lord Advocate. 



45 & 10 JAC. VI. CRIMINAL TRIALS. 231 

guidis and geir pertening to him, to be fforfault and efcheit to his Maiefteis vfe, 
as convict and culpable of the faidis thiftious and abhominable crymes. 



Jul. 17. SUBMISSION betwixt GEORGE (fifth) ERLE OF CAITHNES, 
(WILLIAM) LORD BERRIDAILL, his fone, and (Jonxfeventh) 
ERLE OF SUTHERLAND. 1 

Compeirit Mr Johnne Manfone and Mr Johnne Sinclair, feruitouris to George 
Erie of Caithnes, and producet ane WARRAND of THE LORDIS OF SECREIT 
COUNSALL, arient the deferting of the criminall perfutes appointit, hinc inde, 
aganis the Erles of Caithnes and Sutherland, to be difputit and reflbnit afoir the 
Juftice this day : off the quhilk Warrand the tennour followis. 

MY LORDIS of Secreit Counfell, vnto 5our lordfchipis humlie meanis 2 and fchawis, we5our ferui 
touris, GEORGE ERLE OF CAITHNES, ...... LORD BORRIEDAILL, his fone, ffor our felffis, and 

in name of our friendis and fervandis, quho ar charget in the matter vnderwritten : That quhair, ]>e 
xvij day of Julij inftant is appointit vnto ws for our compeirance befoir J>e Juftice and his deputis, in 
the Tolbuthe of Edinburgh, to vnderly the Law, for the flauchter of Neill Nathmarne ; the hurting 
and wounding of Johnne Gordoun of Golfpitour, Donald M c ky, fiear of Far, and fome vther friendis 
and feruandis to THE ERLE OF SUTHERLAND ; the taking and detening priflbner of Angus M c Wil- 
liame ; 3 and for certane vtheris crymes, fpecifeit and contenit in the Letteris raifit and execute aganis 
ws at ]>e inftance of ]>e faidis perfones, and of his Maiefteis Aduocat for his hienes intreis : Lyk as, fe 
Juftice intendis to proceid in ]>is matter aganis ws, althocht it be of verritie, that howbeit we wer moft 
willing and reddie to haif fubmittit our felfis to the Tryell of the lawis, for J>e haill crymes contenit in 
the faidis Letteris ; and for this effect, to haif prefentit our felffis in judgement befoir the Juftice the 
day foirfaid : 3'it it was jour lordfchipis plefour to burdene ws with ane Submiffioun of all matteris 
questionable betwix ws and the Erie of Sutherland, and M c ky and fair freindis ; in the quhilk Sub 
miffioun, J)ir matteris ar fpeciallie and perticulerlie comprehendit : AND feing thay ar now in 3our 
lordfchipis handis, vnder Submiffioun, as faid is, the dyett appointit to ws afoir J>e Juftice audit to 
defert. Heirfoir we befeik jour lordfchipis to geve command to the Juftice, Juftice clerk, and pair 
deputtis, to defert ]>e faid dyet, and to defift and ceife fra all proceiding J>airin till, and to difpens with 
our perfonall compeirance : Quhairanent fir prefentis falbe vnto thame a Warrand, and jour lord 
fchipis anfuer. 

APUD ED B , any Julij, 1612. ffictt ut petitur. AL. CANCELL S . J. PRYMROIS. 

At command of the quhilk Warrand, the Juftice ordanit baithe the dyettis 
appointit, hinc inde, to this day to defert. 

Lykas, Johnne Gordoun, appeirand of Sydra, 4 compeirand perfonallie in judge 
ment, in name of Sir Robert Gordoun, brother to my Lord of Sutherland, Dun- 
cane M c ky, near of Far, Johnne Gordoun, appeirand of Gordoun of Golfpitour, 

1 Vid. Jul. 30, 1612. In order to a proper understanding of this FEUD, reference may be made to 
Gordons History of the Family of Sutherland, Edinburgh, 1813, p. 317, &c. It would occupy too 
much space to give a suitable outline of the various disputes in which these families were embroiled. 
1 Complains; literally, moans. 3 'Alias Herrach (Herraugh). 4 The eldest son of 

John Gordon of Sidderay. 



232 CRIMINAL TRIALS. A.D. 1612. 

and producet the Letteris raifit be thame, and remanent complineris infert tliair- 
in, aganis my Lord of Caithnes, my Lord of Berriedaill, his fone, and remanent 
defenderis thairin contenit ; be the quhilkis, thay and everie ane of thame ar 
charget to find cautioun for thair compeirance befoir the Juftice or his deputis, 
this day and place, in the hour of caus, to vnderly the law for the flauchter of 
Neill Nathnear, vmq le Airthour Smyth, taking captiue and pri (Toner of Angus 
M c Williame, alias Herrach, but Commiflioun ; and dyuerfe vtheris crymes fpe- 
cifeit in the faidis Letteris afldt inftruments, and proteftis for relief of the faid 
Sir Robert Gordoun, kny', of his cautionerie. 



dfirt-rawdtjj Cijeft antmommtimna toitj) 

Clan <f>rc0ar. 

Jul. 28. GREGOUU BEG M C GREGOUR, fone to vmq le Gregour M c eane ; 

Gregour M c Allafter Gait l Johnne M c inleithe ; 2 Johnne Dow 

M'gilliephadrik V'robert ; Allafter M c allafter V c coule ; Patrik 

Mgregour Craiginfche ; Duncane M c coule cheir ; Patrik Roy 

M c Gregour, fone to Johnne M c phadrik, in Rannache ; Gregour 

M c eane V c coulcheir ; Johnne Dow Moir M c gregour, in Rora. 

Being all prefentit vpone pannell, dilaitit, accufet, and perfewit be Dittay, at 

the inftance of Sir Williame Oliphant of Newtoun, kny*, Aduocat to our foue- 

rane lord, for his hienes intreis, of the crymes refpectiue following, viz. THE 

faidis Gregour Beg M'gregour, Gregovr M'AllaJier Gait, Johnne Dow 

M'inleith, and Johnne Dow M'gilliephadrick Vrobert, ffor airt and pairt of 

the treflbnabill raifeing of ffyre, burning and diftroying of the haill houflis and 

biggingis of Glenlocha and Achallader : And for the Slauchter of ...... M c co- 

leane, bowman to the Laird of Glenvrquhie, with dyuerle vtheris perfones, to 
the number of aucht perfones : Burning of thre 3oung bairnes, dochteris to 
Johnne Mkifchak : And for Steilling of fax fcoir ky and oxin furth of Glen- 
lyoun, committit in Apryle, 1604. AND ficlyk, the faidis Allajler M c allajler 
V'coule, Patrik M'gregour Craiginche, Duncan M c coule cheir, Gregour 
M e eane V e coule cheir, and Patrik Roy M c gregour, fone to Johnne Mfadrik in 
Rannache, being indytit and accufet, ffor airt and pairt of the burning and dif 
troying of the haill houflis and bigingis vpone the fourtie merk land of Aber- 
vrchill, pertening to Colene Campbell : And for the Slauchter of Duncane Wob- 
fler, Johnne Seatone, Patrik Stavache, Johnne M c gillievorich : Burning of the 
thre dochteris of Johnne M c kifchak, fleilling and away-taking of auchtene fcoir 
ky, faxfcoir peife of horfis, 3 aucht fcoir fcheip and gait, pertening to the faid Co- 

1 The stranger, or travelled. * M c inleiche, son of the leech, or doctor. Query, M c indreiche? 

son of rough, or dark John. 3 One hundred and twenty piece of horses, as we say head of oxen. 



45 & 10 JAC. VI. CRIMINAL TRIALS. 233 

lene : And lykwayis for burning of the mylne of Bolquhafter, with the haill 
houffis and bigingis vpone the grund and landis of Carne, Downe, and Dillater, 
pertening to Robert Campbell of Glenfalloche, and of his haill houffis and big- 
gingis vpone his landis of Ardcanknockaur ;* committit be thame in the moneth 
of Junij, 1611. ITEM, the faid Gregour M c gregour Beg, ffor airt and pairt of 
the Slauchter of vmq le Solomon Lany, alias Buchannane ; committit at the Kirk 
of Kilmaheug, at tuentie yeir fyne, or thairby. ITEM, the faid Johnne Dow 
Gilliephadrik, ffor airt and pairt of the fleilling and away-taking furth of Glen- 
fynles of ane grit heirfchip 2 of ky and oxin, pertening to the Laird of Lufe and 
his tennentis : And Slauchter of vmq le Johnne Reid, wobfter, and Patrik Lang, 
icrvand to the Laird of Lufe ; committit vpone the faidis landis of Glenfinles, in 
the moneth of December, 1602. AND ficlyk, the faid Johnne Dow Moir 
M c gregour, in Rora, ffor lleilling and away-taking of ane grit number of guidis, 3 
pertening to my Lord Ogilvie, furth of Glenylay : And ficlyk, for taking and 
keiping of the Ileand calit Ileand-Varnak, 4 againft his Maiefteis Commiffioner, 
and herreing 5 and oppreffing of the haill tennentis and inhabitantis of the cun- 
trie about ; 6 taking and inbringing of thair haill guidis and beftiall, to the num 
ber of aucht fcoir ky and oxin, xviij fcoir fcheip and gait, quhilkis war eittin and 
flane be thame, wihin the faid Ileand. 7 ITEM, the haill foirnamet perfones in- 
dytet and accufet, ffor cowmone thift, cowmone reflet of thift, cowmone foirning, 8 
and oppreffing of his Maiefteis peccable and guid fubiectis ; and for Intercow- 
moning with the reft of the furname of M c gregouris, fugitiues and at the home, 
and ffurneiffing of thame with meit, drink, and money ; and keiping of tryftis, 
counfallis,and gadderingis 9 with thame, contrare the tennour of his Maiefteis Pro- 
clamationes war all put to the knawlege of ane Aflyfe of the perfones following. 

ASSISA. 
Colene Campbell, appeirand 10 of James Campbell, feruitour to the Johnne M c dowgall of Raray, 

Glenvrquhie, Laird of Lundie, Duncan Menzeis of Comereife, 

Johnne M c farlane of Arrochar, Duncane Campbell, Capitane of Williame Sterling of Achyle, 
James Campbell of Laweris, Carrik, 11 Mr James Schaw of Knokhill, 

Dauid Drummond, feruitour to Johnne Drummond, feruitour to Johnne Buntene of Ardoche, 

my Lord of Perthe, my Lord of Perthe, and Chal- Mr James Kirk, feruitour to my 

Alexander Menzeis of that Ilk, merlane of Stratherne, Lord of Argyle. 

Alexander Schaw of Cambufmoir, 

The Aduocat takis inftrumentis of the fwering of the Aflyfe, and proteftis for 

1 Ardcbenachrochtan, the now celebrated inn and farm at the Trossachs. 2 Plunder, or spoil. 

3 Stock, cattle. * A small Island, near the western extremity of Loch Katrine, on its north shore, 
opposite Portnellan. s Spoiling ; plundering. 6 Circumjacent. 7 The Clan-Gregor had a 

garrison here, in January 1611 ; and were besieged by Campbell of Glenurchy's second son, Robert 
Campbell of Glenfalloch, who abandoned the siege, owing, as is alleged in the Book of Taymouth t to 
a storm of snow. 8 Taking free quarters by violence, &c. 9 Appointed meetings, councils, and 
gatherings, or convocations. 10 Heir-apparent. n Captain of the Castle of Carrik, on the banks 
of Loch fyne. 

VOL. III. 2 G 



234 CRIMINAL TRIALS. A.D. 1612. 

Wilfull Errour, in caice thay clange the pannell of the crymes contenit in thair 
Dittay ; in refpect of the notorietie thairof, and of thair Confefliouu. 

VERDICT. Eftir accufatioun of the foirfaidis perfones enterit vpone pannell 
of the crymes re/pectiue aboue writtin, be our faid fouerane lordis Aduocat, 
quhilk was verifeit be thair Depofitiones and Confeffiones, maid in prefens of 
ane grit number of the faidis perfones of Aflyfe, the faid Dauid Drummond, 
chanceller, in name of the faid Aflyfe, all in ane voce, exponit, pronuncet, and 
declairit the faidis perfones on pannell, in refpect of thair awin Confeflioun, to 
be ffylit, culpable, and convict of the crymes refpccriue aboue fpecifeit, contenit 
in thair Dittayis. SENTENCE. To be tane to the Burrow-mure of Ed r , and 
thair to be hangit quhill thai be deid ; and thair haill landis, heritages, and an- 
nuelrentis, takis, poflefliones, guidis and geir pertening to thame, to be fforfalt 
and efcheit to his hienes vfe, as convict and culpable of the faidis crymes. 



(Jtemttl arfcatnrt to 0att0f|) tfjr 
nottottf)0tan&tng; of tijr Sing's $Umt00um, anfc ' Uttcr0 
. of 4Nafn0 ' from tfje <UJC0t J?on of fyt &ma0riu) 

Jul. 29. WILLIAME MURRAY, fone to Williame Murray in Glasfurd, 

fumtyme fervand to James Hammiltoun of Evindaill. 

Dilaitit of airt and pairt of the crewall Slauchter of vmq le Archibald Stevin- 
foun, in Gallowfarvene ; committit with fchottis of hagbuttis and piftolettis, 
vpone tfte xxiiij day of Marche, I m .Vj c . and aucht yeiris. 

PERSEWARIS, Archibald and Thomas Stevinfones, as fones ; Agnes Finlay, as relict; Gawin Ste- 
vinfone, baxter, burges of Ed r , as neir kynfman. 

The faid Williame tuik him felff to our fouerane lordis Remiflioun, grant it to 
him vnder his hienes Grit Seall, vpone the nynt day of Januar laftbypaft, beir- 
and, 1 that his Maieftie, of his fpeciall grace and mercie, had pardonet and forgevin 
the faid Williame all actioun, cryme, and offence that rnycht be imput 2 to him, 
for airt and pairt of the Slauchter of the faid vmq le Archibald ; and in refpect 
thairof, and of his Maiefteis clemencie, mercie, and pardoun expreffit thairin, al- 
legit, that the Juftice could nawayis put him to ane Aflyfe, for the faid crymes. 
To the quhilk it was anfuerit be the perfewaris, that the foirfaid Remiflioun 
is null, and thairfoir fould nocht be admittit ; in refpect, be Act of Parliament, 
maid be our fouerane lord .and thre Eftaitis, in the moneth of Julij, 1593, cap. 
174, it is expreflie provydit, llatute and ordanit, be his Maieftie and Eftaittis 
foirfaidis, that na Relpett nor Remiflioun be grantit to ony perfone or perfones, 
at na tyme thaireftir, that pafles to the home for thift, reif, flauchter, burning, 
or heirfchip, quhill the pairtie (kaithed 3 be firft fatisfeit ; and gif 4 the famyn be 

1 Bearing. Imputed. * Until the party injured, &c. * If. 



46&10JAC. VI. CRIMINAL TRIALS. 235 

vtherwayis grantit, without fatisfactioun of pairtie, all fie Refpettis and Remif- 
fiones to be null, alfweill be way of exceptioun as reply : And trew it is, that the 
pairtie perfewar is nawayis fatisfeit, conforme to the faid Act ; and thairfoir, 
nochtwithftanding of the foirfaid Remiffioun, the pannell fould be put to ane 
Aflyfe, for the faid cryme. 

To the quhilk it was duplyit be the pannell and his prelocutouris, that the 
foirfaid Remiffioun man 1 be admittit, in refpect the famyn is grantit vpone the 
ficht of ane Letter of Slanes gevin be Andro Stevinfoun, eldeft lauchfull fone to 
the faid vmq le Archibald, and nerreft of kyn to him, with confent of Agnes Fin- 
lay his mother, and Mathow Thomefone, his vncle, beiring fatisfactioun maid to 
the faid Andro for the faid flauchter : And for verificatioun thairof, producet 
the faid Letter of Slanes, of the dait the penult day of Julij, I m .Vj c . and ellevin 
yeiris : And vpone the productioun thairof, togidder with the Remiffioun aboue 
writtin, afkit inftrumentis. 

THE JUSTICE, in refpect of the Letter of Slanes producet, Admittis the Re- 
raiffioun ; and ordanis the pannell to find cautioun to fatisfie the pairtie, con- 
forme to the lawis of this realme. James Murray of Guidilburne, and Gawin 
Murray of Vditounheid, become cautioneris, &c. 



Jul. 30. DONALD M C KY, fiear of Far, Johnne Gordoun, younger of 
Golfpitour, and vtheris. 2 

Dilaitit ffor being airt and pairt of the Slauchter of vmq le Johnne Sinclair of 
Stirkco, and James Sinclair of Dyn, and remanent crymes contenit in the Letteris. 

Compeirit perfonallie George Murray, feruitour to my Lady Sutherland, quha 
produceit ane Warrand of the Lordis of Secreit Counfall, &c. off" the quhilk the 
tennour followis. 

JUSTICE, Juftice clerk, and jour deputis. Quhairas, thair ar Letteris direct at |>e inftance of George 
Sincler of Dyn, as brother to vmq le James Sinclair of Dyn, and mother-brother to vmq le Johnne Sin 
clair of Stirkco, and Sir Williame Oliphant of Newtoun, kny*, Aduocat to our fouerane lord, for his 
hienes intreis, aganis Donald M e ky, fiear of Far, Johnne Gordoun, jounger of Golfpitour, Adame 
Gordoun in Geartie, Murdo Neill, Johnne Williamefoun in Achines, Neill M c allafier Neillfoun and 
Donald Myller, feruitouris to the faid Donald M c ky, fiear of Far, and remanent perfones defenderis, 
pair complices, contenit in the faidis Letteris, chargeing thame to compeir befoir jow, in the Tolbuth 
of Edinburgh, the penult day of Julij inftant, to vnderly the law, for airt and pairt of the Slauchter of 
J>e faidis vmq le Johnne and James Sinclairis. And feing all matteris questionable betuix THE ERLE 
OF SUTHERLAND and M C KY, and pair kyn and freindis, on the ane pairt, and THE ERLE OF CAITH- 
NES, his kyn and freindis, on the vther pairt, is be our moyane and travellis fubmittit; in the quhilk 
Submiflioun the faidis tua Slauchteris of J>e faidis Johnne and James Sinclairis ar fpeciallie compre- 
hendit, and pe decyding Jmirof reftis in our handis, to be difcuffit be ws. IT is pairfoir our Will, and 

1 Must. Vid. Jul. 17, 1612. 



236 CRIMINAL TRIALS. A.D. 1632. 

We command sow to DKSERT )>e faid dyet appointit to )>e faid penult day of Julij inflant, for tryell of 
|v faidis crytnes, and nawayis to proceid in vnlawing of the faidis perfones defenderis, or pair cau- 
tioneris ; difpenfing with thair non-compeirance, in that refpect : Quhairanent |>ir prefentis fall be to 
;ow ane fufficient Warrand. Subfcrynit be ws AT ED, the xxv day of July, 1612. 

AL. CAXCKLL*. LOTIUANE. S T. HAMILTOUN. 

At command of the quhilk Warrand, the Juftice ordanit the faid dyet to de- 
fert, &c. 

^Uti Qincr JUrann Q, iilrarin a, anH ^IjootiiiQ: of %agihit0 antJ 



Jul. 31. JAMES HALL of Foulebar; Mr Williame Hall, indueller in 
Dumbarten, his brother-germane; Thomas Stewart, at the 
Ferrie-boit of Inchynnane. 

Dilait it of airt and pairt of the crewall Slauchter of vmq le Johnne Montgome- 
rie, younger of Scottiftoun ; committit with fchottis of hagbuttis and piflolettis, 
within the burgh of Renfrew, in the moneth of November, the yeir of God I m .V c . 
fourfcoir nine yeiris : And als, for contravening of the Actis of Parliament, in 
beiring and weiring of hagbuttis and piftolettis, fchoiteing and flaying of the 
faid vmq le Johnne Montgomerie younger thairwith, at the particuler tyme and 
place aboue mentionet. 

PERSEWARIS. 

Johnne Montgomerie, elder of Scottiftoun, as father ; Sir Williame Oliphant of Newtoun, kny*. 
PREJ,OCUTOURIS for the pannell, Mr Alexander King, Mr Laurence Mgill, Aduocatis. 

Sir Johnne Buchannan of that Ilk, kny 1 , become fouertie for Thomas Stewart 
his entrie, vpone xv dayis wairning, to vnderly the law for the flauchter aboue 
writtin, vnder the panes contenit in the Actis of Parliament The faid James 
Hall, and Mr Williame Hall, his brother, tuik thame felffis to tua feuerall Re- 
mifliones, grantit to thame be our fouerane lord ; the ane beirand, that his Ma- 
ieftie, of his fpeciall fauour and grace, remittis and gevis pardoun to the faidis 
James Hall of Foulbar, and to Mr Williame Hall, his brother, for airt and pairt 
of the flauchter of the faid vmq le Johnne Montgomerie Younger of Scottiftoun, 
and for all actioun and cryme that may follow thairupoun, or may be imput to 
thame thairfoir ; quhilk is daitit at ffalkland, the aucht day of Julij, the yeir of 
God I m .V c . fourfcoir fyftene yeiris (1596), vnder his hienes Grit feill : The vther of 
the faidis Remifliones beirand, that his Maieftie, of his fpeciall grace and mercie, 
gevis pardoun and remiflioun to the faid James Hall, feruitour to Archibald Erie 
of Argyle, and to the faid Mr Williame Hall, his brother, and to ather of thame, 
for all cryme and offence that mycht be laid to thair charge, ffor thair beiring, 
weiring, or fchuiting with hagbutis and piftolettis, contrair to his Maiefteis 
Actis of Parliament, at ony tyme bygane, preceiding the day and dait of the 



46 & 10 JAC. VI. CRIMINAL TRIALS. 237 

fame Remiffioun, quhilk is daitit at Edinburgh, the tent day of Julij inftant, 
I m .Vj c . and tuelf yeiris. 

THE JUSTICE admittit the famyn, nochtwithftanding of dyuerfe allegeances 
maid be our fouerane lordis Aduocat in the contrair ; and Ordanit the faidis per- 
fones vpone pannell to find cautioun to fatisfie the pairtie, conforme to the lawis 
of this realme : Quhairupone the faidis James and Mr Williame Hallis afkit in- 
ftrumentis : And for obedience of the faid ordinance, ffand, with thame felfis, 
Williame Sempill of Foulewoid, and James Wallace of Johnnftoun, cautioneris 
for thame, to fatisfie the pairtie, &c. 

J|iautjj)t*r, rammtttrtf b$ a |>0utl) fourteen grars af atjr, 

Aug. 26. JAMES MIDDELTOUN, fone to vmq le Robert Middeltoun, 

tai^eour, burges of Edinburgh. 

Dilaitit off airt and pairt of the crewall Slauchter of vmq le Clement Mauchane, 
fone to vmq le James Mauchane, mercheand, burges of Edinburgh, be ftreking of 
him with ane durk, vnder the fchorte ribbis, vpwardis, on his left fyde, the lenth 
of aucht or nyne inches, vpone the diaphragma, or midreid, quhilk is ane noble 
pairt ; committit within the burgb of Edinburgh, within the duelling hous or 
ludgeing of Alexander Hunter, burges thair, vpone the threttene day of Auguft 
inftant : Off the quhilk crewall and deidlie ftraik fa gevin to him, he nevir thair- 
eftir convalefchet, bot immediatlie thaireftir taking bed within the foir chalmer 
of vmq le Henrie Lummifden, chirurgane, to the quhilk he was led and cayreit, 
remanit bedfaft in grit dollour and pane, vnder the cure of chirurganes, the 
fpace of nyne dayis togidder, or thairby ; and at laft, vpone the xxij day of Au 
guft inftant, about nyne houris afoir none, he depairtit this lyfe, of the faid deid 
lie ftraik : And fa, was crewallie flane be the faid James Middeltoun, vpone fet 
purpois, prouifioun, and foirthocht fellonie ; in hie and manifeft contempt of 
our fouerane lordis auctoritie and lawis. 
PERSEWARIS, Mr James Mauchane, as brother; Sir Williame Oliphant of Newtoun, knyS Aduocat 

to our fouerane lord. 

PHELOCUTOURIS in defence, Mr Johnne Rufiell, Mr Laurence M c gill. 
The perfewaris producet the Dittay, with the roll of the Affyfe, and defyret 
proces. THE JUSTICE Ordanit the Dittay to be red. 

Mr Laurence Mgill, prelocutour, in name of Johnne Carmichell, decone of 
the Tai^eouris, Alexander Miller, tai^eour to his Maieftie, and of the mother 
and certane vtheris the pannellis freindis, befoir ony forder proces, and to efchew 
forder difputatioun in this matter, offerit to the perfewaris, that for thair fatis- 
factioun for the flauchter aboue writtin, that thai war content to caus the pan 
nell ather imbrace the Sentence of perpetuall Banifchment ; or vther wayis, to 
thair power, 1 to mak fie vther fatisfactioun, baith of honour and guidis, to the 

1 To the utmost extent of their means. 



238 CRIMINAL TRIALS. A.D. 1612. 

perfewar, as be the advyfe of friendis fould be inioynet to him, his lyfe being 
faifit. The faid Mr James Mauchane, as brother, and perfewar of this mater, for 
anfuer declairit, that, feing his brother is flane, aganis the Law of God and his 
Maiefteis lawis and Actis of Parliament, refuifet altogidder to enter in capitula- 
tioun of agrement of this matter ; and thairfoir defyret that juftice be miniftrat, 
accoirding to the lawis of this realme. 

THE JUSTICE, in refpect of the perfewaris anfuer and defyre aboue writtin, 
Ordanis proces. 

It was allegit be the pannell and his prelocutouris, that this matter fould nocht 
pas to the knawlege of ane Aflyfe ffor tua cauflis ; ffirji, becaus he is nocht wairn- 
it vpone fyftene dayis wairning, conforme to the Act of Parliament ; fecundo, 
he was nocht tane in fragranti crimine ; in refpect be the Dittay it is affirmet, 
that the fact was committit vpone Thurifday the xiij day of Auguft inftant, and 
vpone the fyftene day of the faid moneth, being Setterday, was tane be the Ma- 
giftratis of Edinburgh, as fufpect giltie and culpable of the faid fact, albeit 1 the 
Magiftrattis of the faid bur 1 had na power fa to do, the tyme limitat to thame 
being expyret, viz. xxiiij houres allanerlie 2 eftir the committing of the fact; and 
fa, he nocht being tane in fragranti crimine, hot within thre dayis eftir the 
allegit time of the committing thairof, the pannell, of all equitie, aucht to haif 
bene fummond vpone fyftene dayis wairning. It is anfuerit be my lord Ad- 
uocat, that the foirfaid allegeance aucht to be repellit, in refpect of the Dittay 
beiring the flauchter to be committit vpone the xiij day, be the pannell, and he 
to be tane and apprehendit be the Magiftratis vpone the xv day thaireftir, and 
committit to waird ; quhairin he hes remanit to this hour. And fa, the Slauch- 
ter being committit recentlie, and the pannell tane thairfoir in fragranti crimi 
ne, he aucht to be put to ane Aflyfe, but 3 ony citatioun preceiding ; fpeciallie, in 
refpect he is brocht fra the priflbne to the bar, be the Magiftratis, his takeris. 

THE JUSTICE Ordanis the pannell to pas to ane Aflyfe, nochtwith Handing 
of the former allegeances. 

It is forder allegit be the pannell, that my lord Juftice can nocht put the pan 
nell to the knawlege of ane Aflyfe, for this cryme ; becaus, be ane text of the 
Cowmone Law, de delictis puerorum, the fyft of the Decretallis, it is fpeciallie 
declairit, that minoris within xiiij yeiris of age committing crymes, ar nocht doli 
capaces, quhilk can nocht be eftimat to be done be thame ex certajcientia ; and 
thairfoir, can nocht be perfewit thairfoir : Lyk as, in the accident that fell furth 
be the fcolleris of the Grammer-fcole of Edinburgh, in flaying of Johnne M c mor- 
rane, being ane bailie, and in the executioun of his office, this allegeance being 
proponit in the perfute intentit agauis thame for the faid Slauchter, it was ffund, 
be Interloquitour of the Judge, in refpect of thair minoritie, that thai war nocht 
1 Although. * Only. 3 Without. 



46&10JAC. VI. CRIMINAL TRIALS. 239 

doli capaces, and fa wer aflbilzeit, 1 and na perfute followit furth aganis thame : 
Quhilk practique the pannell repeittis, and fayis, that in refpect of the Cowmone- 
law and practique aboue writtin, he being minor et non doll capax, he can nocht 
pas to ane Affyfe for the faid cryme. Secundo, the flauchter aboue writtin was 
nocht committit vpone fet purpois or foirthocht fellonie ; in refpect thair was 
na querrell betuix the defunct and the pannell ofbefoir, bot only the defunct 
miffing his dager, quhilk was tane fra him be Capitane Erfkine, quha alfo was 
with him in companie, and was caffin vp be him vpone ane almerie heid, 2 the 
defunct, for wanting thairof, challanget the pannell, and maift outrageouflie 
abufet him, baith with langaige and ftraikis ; 3 lyk as, the pannell, finding him 
felf fa vfet, and feing ane durk vpone the buird befyde him, tuik vp the faid 
durk and defendit him felf thairwith, vpone the quhilk durk, haldin out be the 
pannell for his awin defence, the defunct ran him felf; and fa was the caus, him 
felf, of his awin flauchter : And thairfoir, fould nocht pas to ane Aflyfe. 

To the quhilk it is anfuerit, be my lord Aduocat, that the foirfaid allegeance 
of minoritie fould be repellit, becaus it is nocht condifcendit be the proponer of 
the faid James Middeltones age, quhidder he be pad xiiij yeiris or within the 
famyn, quhilk of neceffitie man 4 be condifcendit vpone ; becaus he being paft xiiij 
yeiris of age, eft doll capax, and fua may be perfewit and pwneift to the daith 
for the flauchter : Alwayis, 5 to mak the matter cleir to my lord Juftice, it is 
affirmet be the perfewer that he is paft fevintene yeiris of aige, befoir the com 
mitting of the flauchter, as is manifeft, nocht onlie be ocular infpectioun, bot be 
the extract of the tyme of his birth furth of the Regifter of the Kirk-buikis of 
Edinburgh, he being baptizet vpone the 23 day of Julij I m .V c .lxxxxv. As to 
the practique allegit betuix Johnne Mmorrane and the Chanceller of Caithnes 
fone, and the reft of the bairnes, quhome the pannell allegis to haif bene perfewit 
for the faid Johnne M c morranes flauchter, it is certane that all the bairnes that 
war perfewit and accufet for that flauchter war within fourtene yeiris of age; 
and thair was na Interlocutour gevin in that caufe, bot the matter was tane vp 
be his Maiefteis expres Wai-rand. And acceptis the Confeffioun of the durk in 
his handis, and Slauchter thairwith. 

Thaireftir the pannell, for fatisfeing the defyre of my lord Aduocatis allegeance, 
condifcendis that he was within fourtene, at the leift fyftene yeiris of age, the tyme 
of the committing of the flauchter lybellit. And quhair, it is allegit and affirmet 
that the haill bairnes perfewit for Johnne M c morranes daith war within fourtene 
yeiris, thair is na thing producet to verifie the famyn. And laft, as to the Tef- 

1 Absolved ; dismissed. 2 Cast or thrown by him on the top of a cupboard or press. 3 Both 
by words and blows. 4 Must. 5 Nevertheless ; at all events. 



240 CRIMINAL TRIALS. A.D. 1612. 

iimoniall producet be the perfewar, anent the pannellis baptifme ; ffirjl, it is 
anfuerit, that na fayth can be gevin thairto, becaus it is nocht regiftrat ; Jecun- 
do t it hes na witnefles ; tcrtio, of the Law, tejlibus et non teflimonijs credendum 
eft. The perfewar repeitis his former anfwer, with the Teftirnoniall extractit 
furth of the Kirkis Regifter. 

The Juftice Repellis the allegeances proponit be the pannell ; and Ordanis him 

to be put to the knawlege of ane Aflyfe. 

ASSISA. 

Jo" Quhyte,culteller, burges, E<l r , Patrik Craig, mercheand, burges James Cathkyn, librar, barges of 
Johnne Naper, tailjeour in Poket- of Ed r , Ed r , 

flere, Jobnne Mitchelbill, mercheand, Dauid Laufone, mercheand, bur- 

Johnne Gilbert, tailjeour in the burges thair, ges thair, 

Cannogait, Patrik Meayue, couper, burges Thomas Cuthbertfone, culteller, 

Johnne Smyth, mercheand, bur- thair, Troyalus Laufone, baxter, burges 

ges of Ed r , Robert 3oung, mailman, of Ed r , 

Clement Rufiell, mercheand, bur- James Halyburtoun, mercheand, Johnne Johnneftoun, tail^eour, 

ges thair, burges of Ed r , burges of the Cannogait. 

It was allegit aganis Johnne Quhyte, that he can nocht be admittit vpone this 
aflyfe, becaus vitro citroque gejjitje hoc negotio, in furtherance of this perfewer, 
in perfute of the pannell ; and defyret the Judge to tak his ayth thairupoun, and 
to purge him of partiall counfall ; quha being fuorne, declairit, that he had gevin 
na partiall counfall in that matter : In refpect quhairof, the Juftice admittis him 
vpone tjie Aflyfe. 

The Defender, eftir his accufatioun be Dittay of the Slauchter aboue writtin, 
vpone his confcience, denyis the famyn ; and allegit, that thair was nathing pro 
ducet to the Aflyfe to verifie his giltines of that fact. 

Mr James Mauchane, perfewer, and brother to the defunct, being fuorne, gaif 
his ayth vpone the Dittay, that he had juft caus to perfew the pannell for the 
flauchter of his brother : And repeittis to the Aflyfe the notorietie of the flauch- 
ter, in maner fet doun in the Dittay. My Lord Aduocat takis inftrumentis of 
the fweiring of the Aflyfe ; and repeittis, for their forder inftructioun, the offer 
maid be the pannell to the perfewer, ather to imbrace the fentence of Banifch- 
inent, or vtherwayis, in honour or guidis, to mak fatisfactioun to thair power ; 
quhairin the pannell hes confeft his giltines of the fact, in maner fet doun in the 
Dittay. And proteftis, in refpect thairof, for Wilfull Errour aganis the Aflyfe, 
in caice thay acquit. It is allegit be the pannell, that the offer allegit maid be 
him to the pairtie perfewer, in the begyning of the caufe, was nocht maid be him, 
bot be Johnne Carmichell, deacone of the Tai^eouris, and vtheris his brether, the 
pannellis freindis and weill-willeris, out of thair awin box, 1 quhilk offer was 
1 Oat of the box or funds belonging to the Incorporation. 



46 & 10 JAC. VI. CRIMINAL TRIALS. 241 

nocht maid to induce ony Confeffioun of the cryme, fed ad emtandum litiga- 
tlonem. My Lord Aduocat, as ofbefoir, repeitis the offer, and notorietie of the 
fact committit ; and proteftis for Wilfull Errour, gif the Aflyfe acquit. 

VERDICT. The Affyfe, all in ane voce, be the mouth of the faid James 
Cathekyn, buikfeller, ffand, pronuncet, and declairit the faid James Middletoun 
to be ffylet, culpable, and convict of the crewall flauchter of the faid vmq le Cle 
ment Mauchane ; commititt at the tyrne and in maner ipecifeit in the faid 
Dittay. SENTENCE. The Juftice, be the mouth of John Dow, dempfter of 
Court, 1 decernit and adiudget the faid James to be tane to the Mercat-croce of 
Ed r , and thair his heid to be ftrukin frome his body ; and all his moveable 
guidis and geir, gif he ony hes, to be efcheit and inbrocht to his hienes vfe, as 
convict of the faid Slauchter. 8 



an* 

Sep. 18. ALEXANDER IRWING, fone to vmq le Gilbert Irwing of Wyf- 
bie, James Irwing, foiie to vmq le Williame Irwing, brother to 
the faid vmq le Gilbert. 

Dilaitit, accufet, and perfewit, be Dittay, at the inftance of Williame Man- 
necht in Echt, and Alexander Wilfone, gairdner thair, and be Sir Williame Oli- 
phant of Newtoun, kny*, aduocat to our fouerane lord, off the feuerall pointis of 
Dittay following, viz. 

FOR airt and pairt of fteilling and away-taking of thre lynning wobbis furth of the houfiis of Gulie- 
landis, pertening to ane pure woman thair ; committit in Julij, 1610 yeiris. ITEM, fFor airt and pairt 
of the fteilling of fevin naigis and meiris 3 furth of the landis of Moufwall and Drummwre ; committit 
in the moneth of October, 1610 yeiris. ITEM, ffor airt and pairt of the thiftious fteilling and away- 
taking of aucht fcheip furth of Dronnok, fra James Quhyte thair ; committit in September, 1609. 
ITEM, fFor airt and pairt of the fteilling and away-taking of tua naigis and ane mere, pertening to Johne 
Gillefpie, and George Ker, in Robiequhat ; committit in October, 1610. ITEM, ffor airt and pairt of 
the thiftious fteilling and away-taking of fax oxin furth of the landis of Lochirgrane, within Drum 
mwre ; committit be the faid Alexander, in the yeir of God I m . fax hundreth and aucht yeiris. FOR 
the quhilkis feuerall crymes, the faidis Alexander and James Irwingis being arreiftit to the Juftice 
Court, haldin be the Commiffioneris in the Tolbuthe of Dumfreis the fyftene day of October, I m .Vj c . 
and ellevin yeiris, thay, for thair non-compeirance, war declairit fugitiues and put to the home, as 
rebellis and fugitiues, for the faidis crymes. ITEM, the faidis James and Alexander Irwingis war in- 
dyttit and accufet, at the inftance of the faidis perfewaris, ffor airt and pairt of the fteilling and away- 
taking furth of the waird of Echt of ane gray naig, pertening to the faid Williame Mannecht, and of 
ane broun naig, pertening to the faid Alex r Wilfoun, gairdner in Echt ; committit vnder fllence of 
nycht, vpone the fiift day of Auguft laftbypaft ; quhilkis tua naigis war brocht Southe ower be thame 
to Ed r to Thomas Lokeis hous, at the Waft-Poirt thairof, quhair thai war keipit for the fpace of thre 

1 This person appears, for the first time, as dempster, in the Record. * See Nov. 18, 1618, When, after six 

years' imprisonment, the party relents, and Myddiltoun goes into voluntary exile for life. This arrangement is sanc 
tioned by the Privy Council and the Justice, to whom the matter had previously been submitted. 3 Riding horses 
and mares. 

VOL. III. 2 H 



242 CRIMINAL TRIALS. A.D. 1612. 

dayis and thre nychtis ; and vpone the . . . day of the faid monetli, being Mononday, the ordinar inor- 
cat day of the faid burgh, 1 prefentit thame to the horfe-mercat thairof to be fauld, quhair the i'aidis 
tua horflis war challanget in thair pofleflionn, be Airthour Forbes of Sonnahony ; and thai thairefter 
apprehendit and commit tit to waird within the Tolbuth of Ed r , thair to haif remanit quhill thair tryell. 
ITEM, ffor airt and pairt of the fteilling and away-taking of ane horfe furth of the Heuch of Duris, 
pertening to Thomas Frafer, fone to the auld Laird of Duris ; committit in Junij laftbypaft. ITEM, 
ffor airt and pairt of the fteilling, conceilling, and away-taking of ane blak horfe, pertening to Johnne 
Clark in Auchrofle ; commit t it in the raoneth of Maij, I m .Vj c . and ten yeiris. ITEM, ffor the deteftable 
and odions cryme of Periurie, in the periureing and menf weiring 8 of thame felffis, the tyme of tbair 
examinatioun and vptaking of thair Depofitiones ; the laid James Irwing, be his grit aithe, affirmeing 
him felff to be namet Johnne Poole, quhairat he il ill abaid quhill the contrair was verifeit vpone him, 
and he maid to confefs the treuth thairof ; quhilk was all'o fworne and affermet be the faid Alex- Ir 
wing, that the faid James was namet Johnne Pole. ITEM, thay and ather of thame war indytit and 
accufet for Cowmone thift, Cowmone reflet of thift, fra the South to the Northe, and fra the Northe 
to the Soothe, in outputing 3 of the lam yn. 

My lord Aduocat, for verifeing the firft point of Dittayis, producet ane Pre 
cept of the Commiffioneris, be the quhilk the pannell ar denuncet fugitiues, for 
certane poyntis of thift gevin vp aganis thame ; and repeitis the fueiring of the 
Dittay be the tua perfewaris, anent the fteilling of thair tua naigis : And in 
relpect thairof, and of the notorietie of the pannellis thiftious lyfe, proteftis for 
Errour, gif thay acquit. 

VERDICT. The Aflyfe, be the mouth of Johnne Abercrombie, in Leith, chan- 
celler, Hand, pronuncet, and declairit the faidis Alexander and James Irwingis to 
be ffylit, ^culpable, and convict of the haill crymes rejpectiue, aboue expremit. 
SENTENCE. To be tane to the Caftell-hill of Ed r , and thair to be hangit vpone 
ane gibbet, quhill thay be deid : And all thair guidis and geir to be efcheit, &c. 



Nov. 5. JOHNNE HAY, fervitour to James Henderfone, chirurgane. 

Dilaitit, accufet, and perfewit be Criftiane Adamefone, the relict of vmq le Ni- 
niane Paterfone, ftaibler in Ed r , and Sir Williame Oliphant of Newtoun, kny*, 
Aduocat to our fouerane lord, of the crymes following, viz. 

FORSAMEKILL as the faid Johnne Hay haifing, in the moneth of Maij bypaft, hyret and conducet 
the faid vmq le Niniane Paterfones horfe to Roifling-mylne, for hame-bringing of J>e faid James Hen- 
derfones bairne ; and J?e faid Niniane haifing paft with him, of purpois, at his lichting, 4 to haif attendit 
vpone his faid hors, the faid Johnne Hay, be the way, directit the faid vmq le Niniane to ryn befoir, and 
to attend 5 his cuming, becaus he was him felff to repair to Lefuaid, thair to fpeik with his fa]>er and 
vtheris his freindis ; lyk as, about ten houris at evin, the faid Johnne, haifing cum to the faid mylne, 
altogidder ouerfet with drink, and fa, nawayis being able at that tyme of the nycht, and in fa beiftlie 
eftait, to governe him felf, let be to haif horiet and cayreit befoir him his faid maifteris bairne, without 
danger of bothe fair lyves ; becaus pe faid vmq le Niniane maid fura oppofitioun and refiftance to that 
his intentioun, in ryding at pat tyme of the nycht ; he pairfoir, in his beiftlie rage and furie, ran vpone 

1 Now held on Wednesdays. * Manswearing. * Selling ; disposing of. * Alighting. * Await. 

Fr. attendre. 



46&10JAC. VI. CRIMINAL TRIALS. 243 

him, and with his kneyis and feit poflit 1 him vnder his feit, beft arid dang 2 him in pe heid, bellie, breiftis, 
and fydis, and brak and birfet 3 his haill intrallis within him : And noclit being fatisfeit with that his 
crewall and outragious abufe, the faid vmq le Niniane, being riffin vp on his feit, the faid Johnne come 
to him and hurrillit him maift violentlie over the brae befyde pe mylne, of purpois to haif drowned him 
in the dambe, quhilk, be redone of p e faid downeward fall, he had nocht fai^eit to haif done, war 
nocht, be pe Providence of God, he was haldin and ftayit be pe ftobe and rute of ane trie, his face and 
heid, nocht withftanding, being maift fchamefullie demanit 4 and hurt, be occafioun of pe faid fall : Off 
the quhilkis ftraikis, hurtis, and woundis, fa gevin to the faid vmq le Niniane, in maner foirfaid, he nevir 
paireftir convaleffit ; hot being borne and cayreit hame to his duelling hous, tuik bed, quhairin he 
remanit bedfaft, in grit dollour and payne, continuallie paireftir, to pe tyme of his daithe ; and at lenth, 
vpone Lambes day 5 paireftir, quhilk was pe firft day of Auguft laftbypaft, he deceiffit of pe faidis hurtis 
and woundis ; and at pe hour of his daith, and dyuerfe tymes ofbefoir, during his feiknes, left his deid, 5 
and pe only caufe pairof, vpone pe faid Johnne : And fa was fchamefullie, crewallie, and vnmercifullie 
flane be pe faid Johnne Hay ; and he is airt and pairt of pe faid crewall flauchter, committit vpone fet 
purpois, prouifione, and foirthocht fellonie ; in hie and manifeft contempt of his hienes auctoritie 
and lawis. 

PRELOCUTOURIS in defence, Gilbert Hay, as fader to the defender ; 
Mr Lawrence M c Gill, Adame Cuninghame, Johnne Elphingftone of Schank. 

It is allegit, be the pannell, that this lybell is nocht relevant, in refpect the 
perticuler day of the moneth of the allegit committing of the fact lybellit, is nocht 
condifcendit vpone. To the quhilk it is anfuerit be the perfewar, that the allege- 
ance aucht to be repellit, in refpect of the Summondis beirand the cryme lybellit 
to be committit, be this defender, in the moneth of May laft ; and that be the 
ftraikis gevin to the defunct, at that tyme, he deceiffit thairof in Auguft thaireftir. 

THE JUSTICE, nochtwithftanding of the allegeance, in refpect of the per- 
fewaris anfuer, remittis this matter to ane Affyfe. 

VERDICT. The Affyfe, all in ane voce, be the mouth of Thomas Inglis, 
burges of Ed r , chanceller, ifand, pronuncet, and declarit the faid Johnne Hay to 
be clene, innocent, and acquit of the Slauchter of the faid vmq le Niniane, and of 
airt and pairt thairof. Quhairupoun the faid Johnne Hay afkit inftrumentis. 



Nov. 24. THOMAS MOWAT, fumtyme fervand to Williame Lord Keith. 

Dilaitit of airt and pairt of the thiftious fteilling and abftracting fra Williame 
Lord Keyth, his maifter, of ane purfe, togidder with fax fcoir Angellis of gold, 
being thairintill, vnder nycht, furth of ane foir chalmer in Ed r , quhair his faid 
maifter was ludget for the tyme ; committit vpone the xiij day of Marche laft. 

This cafe was continued to Dec. 23, Jan. 29, Feb. 5 and 12 ; and at length 

1 Pushed. Fr. pousser. * Beat and struck. 3 Bruised. It is sometimes in the Record 

expressed by ' bra/lj burst. * Used ; treated. 5 Lammas-day, 1st August, or the Feast of 

St Peter ad Vincula (in bonds) ; supposed to be so named, because lambs were offered at this Mass, in 
commemoration of the command of our Saviour to the Apostle, ' Feed my Iambs.' This metaphorical 
expression was, as usual, seized upon by the Romish Church, and converted into a source of substan 
tial profit. 6 Death. 



244 CRIMINAL TRIALS. A.D. 1613. 

was prorogated to the Juftice-air of ' Sterling, tertio Itineris, vel fuper premo- 
nitione xv dierum.' No procedure is recorded, faving thefe continuations, owing 
to the abfence of Lord Keith, &c. 



JMrattw' 

Feb. 2, 1613 __ JOHNNE DAUIDSOUN, borne at Ratleiff, befyde Lundoun, 
Johnne Lowis, borne in Cairleill, baith Inglifch Pirattis. 

Dilaitit of Piracie and Thift, coramittit vpone dyuerfe his Maiefteis fubiectis, 
bothe in Ingland and Scotland, viz. 

FOR the thiftious fteilling of ane fchip-boit furth of Ratleif ; committit vpone 
the fourtene day of Januar laft, and paffing thairwith to the fie : AND for airt 
and pairt of the buirding of ane catche or oifter-bott, and thiftious away-taking 
of the famyn, vnder filence of nycht ; and paffing thairwith, furth of the river of 
Thames to Liefwall, quhair thai buirdit ane Harwadge Hoy, and be way of maif- 
terful thift and ftouthe-reif, reft and away-tuik furth thairof ane piece of fluff 
worth threttie fchillingis flerling, togidder with breid, beir, and vther victuallis : 
AND thairfra, foranent Harwadge, 1 perfewit and buirdit ane Yarmouth bark, 
and tuik furth thairof thre caidis of reid heiring, and ane half barrell of quhyte 
heiring, with the barkis topfaill, the fkipperis cloik, and ane ftand of apparell, 
laid over with iiluer laife : AND thaireftir, come to Yarmouth-Raid, quhair thai 
perfewit and buirdit ane Scottis bark, pertening to Alexander Law in Kirkcaldie, 
invaidit the fkipper with his companie, being thairin, hurt and woundit the faid 
Alexander Law, fkipper, in the heid : AND for dyuerfe vtheris crymes of Pirracie, 
at lenth fpecifeit in the Dittay. 

Quhilkis (' feuerall crymes') war confeffit judiciallie be thame to be of verritie. 

VERDICT. The AfTyfe, be the mouth of Walter Lukkie, fkipper in Leyth, 
chancellar, ffand, pronuncet, and declairit the faidis Johnne Dauidfoun and 
Johnne Lowis to be ffylet, culpable, and convict of the perticuler crymes of Thift 
and Pirracie aboue fpecifeit. SENTENCE. To be tane to the Sandis of Leithe, 
within the fluid-mark thairof, and thair, vpone ane gibbet to be hangit quhill 
thay be deid ; and all thair moveable guidis to be efcheit, &c. 



dTtre--rai0inig; burning JHurUrr CJjtf t 

Mar. 30. NEILL M C CLAUD, fone-naturall to vmq le Rorie M c daud, fum- 

tyme of LEWIS. 

Dilaitit of airt and pairt of the ere wall Burning of dyuerfe houffis, erectit and 
biggit be the Lairdis of Balcomie, Airdrie, Wormeftoun, &c. vpone THE ISLE 
OF THE LEWIS, and for dyuerfe vther crymes, fet doun in his DITTAY following. 

1 Opposite to Harwich. 



46&10JAC. VI. CRIMINAL TRIALS. 245 

NEILL MAKCLAUD, fone naturall to vmq le Rorie M c claud, fumtyme of Lewis. SE ar indytit and 
accufet, fforfamekill as, from jour verrie 3outhe, 36 being tranet vp in all maner of barbarous crewaltie 
aiid wiketnes, and following J>e pernitious example of 5our godles parentis, kynsfolk, and cuntrie 
people, liaifing committit innumerable oppreffiones, heirfchipis, and violent factis aganis fie perfones 
as 30 miilyket, duelland within the cuntrie of THE LEWIS, and vtheris HIELAND YLES pairabout, to 
the heich offence of Almychtie God, difplefour of the King's Maieftie, contempt of his royall autho- 
ritie, and violatioiin of his hienes lawis ; ffor forder manifeftatioun of 3our extreame and vnnaturall 
mifchancie, 1 vnderftanding that THE KINGIS moft excellent Maieftie, for repreffing of the abhominable 
villaneis, crewalteis, and opprefliones committit be 3ow and 3our aflociattis duelland within J>e Yleand 
of the Lewis, out of his princelie wifdome, had directit ane grit number of his hienes peceable and 
guid fubiectis furth of pe Lawlandis, bodin* with all maner of furnitour, and neceflar prouifioun for 
pair intertenement, towardis J>e faid He of pe Lewis, tbair to naif plantit and fett doun Tounes and 
Villages, and to haif eftablifchet all guid ordour and ciuilitie ; of purpois, pairby, to haif extirpat and 
ruteit out pe name of barbaritie furth of thais pairtis : 3^, accumpaneit with Tormond M c claud, 3our 
broper, and with tua hundreth barbarus, bludie, and wiket Hielandmen, foirneris and avowed malie- 
factouris, ancient inhabitantis and lawles perfones within the Lewis, quhome 36 convenit to 3our felff, 
to refift and withftand the purpois and godlie intentioun refoluet vpone be his Maieftie, anent pe 
quyeting of pat cuntrie come, all bodin in feir of weir, 3 with bowis, darloches, tua-handit-fuoirdis, 
hagbuttis, piftolettis, and vperis wappones invqjiue, in oppin and hofteill maner, about a fourtene 3eir 
fyne, or pairby, to the faid Ileand of the Lewis, quhair vmq le WILLIAME LORD PITTINWEME, the 
Laird of Wormeftoun, the Laird of Fingajk, the Laird of Balcomy, the Laird of Airdrie, accum 
paneit with dyuerfe Inlandis Gentilmen, his Maiefteis peceable and obedient fubiectis war landit, and 
in planting of dyuerfe houfies, pairtlie of tymmer, and pairtlie of ftane and fail), 4 for pe tyme, lipning 
for nothing lefs nor to haif bene invaidit and withftuid in thais pair vertious 5 proceidingis ; and pair, 
maift fearcelie invaidit and perfewit the faidis Lawland Gentilmen and pair companeis, maift crewallie 

murdreift and flew vmq le Robert Traquair, vmq le James 3oung, vmq le Wedderburne, and 

dyuerfe vtheris, to the number of tuentie tua perfones, maift treflbnabillie put handis in the perfone 
of the faid Laird of Balcomie, be taking him as captiue and priflbner: As ALSO, maift treflbnabillie 
raifit ffyre, brunt and diftroyit to the grund the haill houffis erectit vp be thame, with pe victuall and 
furnitour of naeill, malt, and vther prouifioun, to the availl 6 of tuentie thoufeand merkis : AND pair- 
eftir, be way of maifterfull Thift and Stouth-reiff, thiftiouflie ftall and away-tuik the haill horfis, ky, 
oxin, fcheip, and vther beftiall, pertening to pe faid Lauland gentilmen, to the availl of ten thowfeand 
pundis. And 56, the faid Neill, ar airt and pairt of the faidis treffonable and barbarus crymes,, and 
was pe fpeciall ringleider and Chiftane, with the faid Tormond, 3our broper, in putting of the famyn 
to fie mercieles executioun : quhilk 36 can nocht deny. ITEM, 3e ar Indytit and accufet, fforfamekill 
as Jbhnne Pullet and Robert Blair, burgefies of Perth, hailing paft, with ane Schip pertening to thame, 
to LoQhe-Brwme, to the fifcheing, 36, vnderftanding pairof, come with ane number of thevis and lym- 
raeris, 3our aflbciatis, to pe number of fourtie men, or pairby, all bodin in feir of weir; and haifing 
devydit 3_our companie in tua feverall companeis, and enterit in tua boittis, 56 paireftir rowit af pe 
land towardis the faid fchip ; and pair, as Pirattis, Thevis, and Sea-robberis, eftir difchargeing of dy 
uerfe mufcattis, hagbuttis, and vperis ingynes of fyrerwork at the faid fchip and companie pairof, 30 
buirdit the famyn, intromettit with the haill furnitour, mercheandice, wynes, claithe, and vper proui 
fioun being pairintill, difarmet the merchandis, fldpper, and marineris, and tuik af pame pair haill 
clething, and abu^ementis, 7 pat tua (of) pe companie of the faid fchip a land, and in maift pitiefull 8 
maner murdreift and flew pe reft of the companie, to the number of fevin or aucht men ; and paireftir, 

1 O. Fr. meschancie, mesckancete, wickedness. * Provided. 3 In warlike array. 4 Thickly cut turf, of a 

particular quality. 5 Virtuous ; honourable. 6 Value. 7 Dress ; apparel. 8 Piteous. 



246 CRIMINAL TRIALS. A.D. 1613. 

difponit vpone the faid Schip, mercheandice and gnidis being ]>airin, at ]>air plefonr: And the faid 
Neill was and is airt and pairt of the Tbiftis and crewall Murthouris aboue writtin. ITEM, 3e ar indy- 
tit and accufet, fforfamekill as 36, perfeveiring in ,< >ur former devillifche and abhominable tred of lyfe, 
36, accompaneit with dyuerfe tlievis, foirneris, and brokin men, ;our complices, to the number of thro 
hundreth perfones, or | :iirly, all bodin in feir of weir, with fuordis, durkis, bowis, darloches, hagbutis, 
mufcattis, and piftolettis, refolreing with ;<>ur felff to patt the haill Lawland Gentilmen being than 
within the faid Ileand of |M- Lewis to >><> fuord, qahairby thay nor na vperis fould haif any power or 
commandiment in that Ileand to withllaml 3our wiket attemptis, in the moneth of Apryle, the ;eir of 
God I" . V j' . and fevin ;rii is 36 of new agane come to that pairt of the faid Ileand, qnhair j>e faid Law- 
land Gentilmen had biggit dyuerfe Townes and Villageis, and erectit dyuerfe houflis : And the bettir 
to bring 5our wiket refolutioun to pas, 3e, in freindlie maner, humbillit and offerrit 3our felffis to be- 
cum peccable and obedient people, and defyrit thame to accept 3ow in feruice, to quhome 36 wald be 
willing to do all maner of gnid and fleidable l offices, as 36 fould be imployit, in regaird 30 fand (as 
36 declairit) )>air cuming to )>at land to be for na evill intent, bot for guid : And }>e faidis Gentilmen, 
beleveing 3 our fair promeiflis, and lipning nathing les pan that ony Treafone fould haif bene practi;et 
be 5Ow, haifing grantit 5ow fum ouerfight, 8 50, with 3our afibciattis, maifl treflunabillie, vnder trail 
and freindfchip, and in )>e dark and maift quyet tyme of the nycht, enterit within the Campment be- 
langing to the faid Lawland Gentilmen, raifit ffyre, and brunt and diftroyit with fyre ane hous erectit 
and pertening to Sir George Hay of Nether Liff, ane v}>er hous pertening to the Laird of Airdrie^ ane 
v]>er hous pertening to the Laird of Wormefloun, ane v]>er hous pertening to Johnne Dalgleifche, with 
dyuerfe vperis lioullis, newlie buildit within the faid Ileand, and alangis ]>e Sea coift )airof, brunt and 
diftroyit the haill victuallis, furnitour, inficht and pleniffing being within the faidis honiils, to the availl 
and eftimatioun of ten thowfeand pundis : And at )>e famyn tyme, maift crewallie Murdreift and Slew 
vmq le Patrik Giffert, fervand to the Laird of Airdrie, with dyuerfe vtheris fervandis and office men 
within the faid Campment, in ]>air cuming out of ]>e faidis houffis, to fave thame felffis frome the rage 
and violence of the ffyre, being all his Maiefteis faithfull and guid fubiectis : And 30, the faid Neill, 
ar and war airt and pairt of the faidis treffonable and crewall factis. AND finallie, 36, the faid Neill, 
in regaird of 3our former abhominable lyfe, feiring 3ourawin apprehenfioun, and haifing, for 5our grit- 
ter furetie and releiff, fled af J>e Mayne and Continent-land to ane Craig callit Birfay, ane myle within 
ane Loche, quhilk 36 mannit and fortifeit with men, munitioun, and all maner of prouiiioun for 3our 
intertenement ; and haifing alfo tna boittis provydit, for 5ow and 3our complices paflage and repaflage 
fra )>e land to ]>e faid Craig, 56, with 5Or aflbciattis, during 3our abyding within the faid Craig, and 
keiping pairof, come a land, and ran dyuerfe furrowes 3 throw the cuntrie, and in maift thiftious maner 
ftaw, reft, and away-tuik with 3ow, to ]>e faid Craig, dyuerfe guidis and beftiall fra ]>e inhabitautis of 
the countrie about, namelie, fra Gilliechallum M c allqJ!er Covle and Gilliechallum M^coneill, fra afer 
of thame, tuelff ky and oxin ; quhilkis, with dyuerfe heirfchipis of coirne, victuall, and vther neceflkris, 
ftowin and reft be 5ow, was tranfpoirttt be 5ow to ]>e faid Craig, in maift thiftious maner; quhair- 
upoun 36 difponit and interteneit 5our felffis at 5our plefour: And 30, the faid Neill, was airt and 
pairt of the faidis crymes. To the taikin, 30 haif confeflit the haill premuTes to be of verritie, the tyme 
of 5onr lait Examinatioun, in prefens of the Lordis of his Maiefteis maift honourabill Previe Counfell. 

The pannell, be the interpretation!! of Andro Monro, Duncane Cunninghame, 
and James Logic, fuorne to the trew interpretatioun of all that fall be anfuerit 
be the pannell, 4 Confeft the haill poyntis of Dittay producet aganis him. Quhair- 

1 Serviceable. * Oversight; superintendence. 3 Forays. * This is one of the earliest 

instances on record of sworn Interpreters being allowed to Highlandmen or foreigners. The practice 
had no doubt been common long before this period, though the circumstance has not been entered in 
the Books of Adjournal. 



46 & 11 JAC. VI. CRIMINAL TRIALS. 247 

upoune the Aduocat tuik inftrumentis. In refpect of the quhilk Judiciall Con- 
feflioun, the Juftice referrit the famyn to the Try ell and knawlege of ane Aflyfe. 
And for forder verificatioun of the faid Neillis giltines, producet his Depofitiones 
tane in prefens of the faidis Lordis of Secreit Counfall, confeffing the haill pre- 
miffes to be of verritie. And in reipect thairof, Proteftis for Wilfull Errour 
aganis the Aflyfe, gif thay acquit. 

VERDICT. The Aflyfe, all in ane voce, be the mouth of Dauid Weymes, 
fldpper in Leyth, chanceller, ffand, pronuncet, and declairit the faid Neill, be 
reafone of his awin Judiciall Confeffioun, to be ffylet, culpable, and convict of 
the haill treflbnable crymes of ffyre-raifeing, Burning, Murthour, and feuerall 
Thiftis at lenth fett doun in his Depofitiones, and Dittay foundit thairupoune. 
SENTENCE. To be tane to the Mercat-croce of Edinburgh, and thair to be 
hangit vpone ane gibbet, quhill he be deid ; and thaireftir, his heid to be ftrukin 
frome his body, and affixt and fet vpone ane priket, aboue the Ne])er-boll Poirt 1 
of the faid burgh : And his haill landis, heritages, takis, fteidingis, rowmes, pof- 
feffiones, guidis, and geir, pertening to him, to be forfalt and efcheit to his Ma- 
iefteis vfe, &c. 



May 19. JOHNNE WEIR, callit of the Quhytecleuch ; Mungo Weir, his 

brother. 

Dilaitit of airt and pairt of the flauchter of vmq le Johnne Hammiltoun, mer- 
cheand burges of Edinburgh ; committit be thame in the moneth of September, 
the yeir of God I m .Vj c . and aucht yeiris : AND ficlyk, the faid Mungo Weir, for 
airt and pairt of the flauchter of vmq le Walter Couthird, in Crawfurd-Johnne ; 
committit at Lambes laft, be fchuiting him throw the body with ane piftolett. 
PERSEWARIS, Jonet Small, the relict of vmq le Johnne Hammiltoune ; Williame Hammiltoun, as 
brother ; Johnne and Mungo Couthirdis, as fones to vmq le Walter Couthird. 

ASSISA. 

Johnne Gordoune of Earlftoun, Johnne M c mathe of Corfbank, Eduard Creichtoun of Peiltoun, 

Johnne Creichtoun of Craufurdftoun, Harie Gordoun of Kilflure, Johnne Mafoue, burges of Ed r . 2 

Quhilkis crymes war judiciallie confeft be thame to be of verritie, in prefens 
of the faid Juftice and Aflyfe. 

VERDICT. Fand the faidis Johnne and Mungo, accoirding to thair awin Ju 
diciall Confeffioun, to be ffylet and convict of airt and pairt of the faid Slauch- 
ter. SENTENCE. To be tane to the Mercat-croce of Edinburgh, and thair, thair 
heidis to be ftrukin frome thair bodeyis : And all thair moveabill guidis and geir 
to be efcheit, &c. 

1 The Nether-Bow-Port. 2 The rest of the Assise were burgesses. 



248 CRIMINAL TRIALS. A.D. 1613. 



Jim. 2. DAUID ERLE OF CRAFURD ; Harie Lyndfay, callit of Blarie- 
fadden ; Harie Stewart, fone to vmq le James, Lord Stewart of 
Newtoun ; and Johnne Bellenden, fervandis to the faid Erie. 
Dilaitit of airt and pairt of the crewall Slauchter of vmq le Sir Walter Lynd- 
iay of Balgaweis ; committit betuix the Citie of Brechin and the Place of Ed- 
zell, vpone the xxv day of October, 1605 yeiris. 1 

PERSEWARIS, Margaret Lyndfay, as dochter ; Duncane Hunter of Ballagane, hir fpotu; 

Sir Williame Oliphant of Newtoun, kny*. 

PRELOCUTOUIUS in defence, Mr Alexander King, Mr Robert Lermonthe. 
Continewit, of confent, to the ix day of Junij inftant. My Lord of Tullie- 
bairne 9 cautioun for the entrie of the pannell, this day aucht dayis, the ix injlantis. 
Jun. 9. Margaret Lynd with confent of the faid Duncane Hunter 
of Ballagan, hir fpous, for his entreis, being baith perfonallie prefent, paffisjim- 
pliciter fra the perfute of the faid Dauid Erie of Crawfurd, &c., and renunces 
all actioun, inftance, and perfute quhatfumeuir, &c. And forder, producet to 
my Lord Juftice, his Maiefteis Remmiflioun grantit to the faid Erie and rema- 
nent his complices, enterit vpone pannell for the faid flauchter, daitit at New- 
mercat, the xxiiij of Nouember, I m .Vj c . and aucht yeiris, togidder with tua feue- 
rall Letteris of Slanes, the ane grantit be Dauid Lyndfay of Balgaweis, fone to 
the faid Sir Walter, daitit the xx of Nouember, 1607, the vther gevin and grantit 
be thefaid Margaret, with confent of hir faid fpous, daitit the fevint day of Junij 
inftant, beiring fatisfactioun and Aflythement to be maid be the faid Erie to 
thame for the foirfaid Slauchter, &c. 

THE JUSTICE Admittit the proteftatioun, and Ordanit the faid dyet appointit 
to this day to defert ; as alfo, that Johnne, Lord Lindfay of Byres, Harie Lynd 
fay of Kinfawnes, and ..... Maifter of Tilliebairne, cautioneris for the faid 
Erie, fould be fred and exonerit, &c. 



Sfnmrt 

Jun. 16. JAMES STEWART, fone to Allane Stewart, Capitane of Dalkeith. 

Dilaitit, accufet, and perfewit be Sir Williame Oliphant of Newtoun, knycht, 
for his hienes intreis, of the cryme vnder written, viz. FORSAMEKILL as the 
abhominable, vyld, and filthie vyce of Inceft, being fa odious and deteftable in the 
prefence of Almychtie God, and be the fame eternall God his expres woird, fa 
cleirlie condempned : Thairfoir our fouerane lord, out of his godlie difpofitioun 
and zeale, be dyuerfe his hienes Actis of Parliament, hes expreflie ftatute and 
ordanit, that quhatfoeuir perfone or perfones committis the faid abhominable 

1 See this Collection, Jul. 8, 1607, and Sep. 19, 1609. * William, second Earl of Tullibardine. 



46 & 11 JAC. VI. CRIMINAL TRIALS. 349 

cryme of Inceft, fall be pwneifched to the deith ; as the faidis Actis of Parlia 
ment in thame felffis proportis : Nochtwithftanding quhairof, it is of verritie, 
that the faid James Stewart, being mareit with Aleifoun Clogie, his lauchfull 
fpous, dochter to Johnne Clogie, cordiner, burges of Edinburgh, maift fchame- 
fullie, but 1 feir of God, or refpect to our fouerane lordis lawis, hes gevin the vfe 
of his body to Katharene Clogie, his wyfes fifter, in the monethis of Marche, 
Apryle, and Maij, I m .Vj c . and tuelif yeiris, in his and hir journeying togidder 
betuix the burgh of Edinburgh and the toun of Elgyn, and within the faid toun 
of Elgyn : In the quhilk filthie and inceftuous copulation, fcho hes procreat to 
him ane bairne ; committing thairthrow the deteftable crymes of Inceft and Adul- 
terie, to the heiche difplefour and offence of Almychtie God, violatioun of the 
Kingis Maiefteis lawis, and evill exampill of vtheris to ryn in the lyk filthie and 
abhominable vyce, gif the famyn be fufferit to remane vnpwneift. 

VEBDICT. Fylet, culpable, and convict of the faid cryme. SENTENCE. To 
be tane to the Mercat-croce of Edinburgh, and thair to be wirreit at ane ftaik, 
quhill he be deid ; and thaireftir his body to be brunt in afches : And all his 
moveabill guidis to be efcheit, &c. 



, 

Jun. 22. DUNCANE MTATRICK M'GREGOUR, Allafter Cafe (Cafs) 8 
M c gregour, Johnne Dow M c condochie Vayne M c Robert, Pa- 
trik Roy M c coulecheir, Ewin Crowbache 3 Mgregour, Johnne 
M c neill Corroche. 4 

Dilaitit of airt and pairt of dyuerfe pointis of Thift, Slauchter, Burning, and 
Oppreffioun following, viz. THE faid Duncane M c patrick M'gregour, ffor being 
in cumpanie with Gregour M c condochie Glen, at the burning of the Caftell of 
Achallader and landis of Glenlocha : And ffor being at the ffeild of Benvek, 5 
quhair vmq le Patrik Dow M c nab, Donald Campbell Oig, fone to Johnne Camp 
bell, and dyuerfe vtheris, to the number of fevintene perfones, war flane : And 
ffor airt and pairt of the flauchter of vmq le Allane M c dougall, fervand to the 
Laird of M c coule. THE faid Allajler Cafe M'gregour, ffor the crewall flauch 
ter of vmq le Neill MVeyane, chopman, be ftrekinghim in the bellie with his awin 
knyfe, quhairof he deit : ITEM, ffor cowmone foirning, thift, and oppreffioun. 
THE faid Jo/mne Dow M c condochie Vayne, ffor being at the ffeild of Glenfynles, 
and of airt and pairt of the heirfchip, 6 reft and tane away af the Landis, per- 
tening to the Laird of Lufe and his tennentis : ITEM, ffor airt and pairt of the 
fteilling of certane ky and horfis, pertening to Walter Sterling of Ballagan, furth 
of the parochin of Campfie : ITEM, ffor being in companie with the reft of the 

1 Without. * Short-tempered ; passionate. 3 Deformed. 4 Hasty ; precipitate. * Bin- 
toik ? 6 Spoil ; booty ; plunder. 

VOL. III. 2 I 



250 CRIMINAL TRIALS. A.D. 1613. 

CLAN-GREGOUR at the Burning of Abervrchle, and heirfchip brocht furth thair- 
of : As alfo, ffor airt and pairt of the Slauchter of vmq le Johnne Mgillip, ane 
fidler, vnder my Lord of Tulliebairne : And for cowmoun Thift and foirning. 1 
THE faid Patrik Roy M c coule-chelr, ffor being in companie with Duncaiie M c - 
ewin M'gregour, callit THE TuxouR, 2 at the Burning of Abervrchle, quhair 
fevin men war flane, thre bairnes war brunt, tuentie ky and oxin war ftowin, 
reft, and away-tane : And for Cowmone-thift, Soirning, and Oppreflioun. THE 
faid JEwin Crowbach M'gregour, ffor airt and pairt of the fleilling of ane meir 
fra Robert M c laren : And ffor airt and pairt of the fteilling of tua horfis fra M c - 
Innerich, in Cregan : And for breking of ane puir mannis hous in Kynnaldie, 
taking of the faid puir man and binding vp his eyne, and fteilling and away- 
taking of the haill inficht pleniffing of the faid hous : And for fteilling of ane 
kow fra Donald M c coneill Vayne, furth of Johnne Stewart Neilfones landis. 
THE faid Neill Corroche, ffor being in companie with the faid Duncane M c ewin 
Mgregour, callit the Tufour, at the Burning of Abervrchle, and flauchter and 
heirfchip aboue writtin, committit be thame : And ffor aflifting and taking pairt 
with the rebellis and fugitiues, that tuik in the He callit Ileand-Vernache ; and 
in taking in to the faid He of aucht fcoir ky and oxin, auchtene fcoir fcheip and 
gait, ftowin, reft, and away-tane fra the Inhabitantis of the cuntrie about : And 
ficlyk, ffor airt and pairt of the fteilling of ffyve ky fra James Chifliolme, Don- 
drwne :, And for cowmone Thift, Soirning, and Oppreffioun. 

War all fax put to the knawlege of ane Aflyfe of the perfones vnderwritten. 

ASSISA. 
Mr James Kirk, fervand to my Johnne Buntene of Ardoche, Allafter M c Rannald of Gargow- 

Lord of Argyle, Patrick Colquhoun of Trafeill, oche, 3 

Johnne Stewart Neilfoun of Gra- Allafter Colquhoun V c James, George Stewart of Down e-Mach- 

niche, in Calvin, reif, 

Jobnne Makfarlane of that Ilk, Robert Alexander, notter in Johnne Stewart of Pitfowrie, 
Dauid Drummond, callit the Chal- Drymmene, Patrik Stewart of Balliachan, 

merlane, Johnne Buchannane, fervand to Dauid Chirnefyde of PoiTo. 

Alex r Scbaw of Cambufmoir, my Lord of Madertie, 

VERDICT. The Aflyfe, be the mouth of the faid Johnne M c farlen of that Ilk, 
chanceller, ffand, pronuncet, and declairit the faidis fax perfones vpone pannell, 

1 Taking free quarters by force and violence. * The TUTOR OF GLENSTRAE, styled, in the 

Record of Secret Council, 21st December, 1613, < Duncan M c Ewin of Moirinfche, Tutour of Glen- 
ilrae.' In the same Record, 31st January, 1611, he is spoken of, to the prejudice of bis Ward, as 
now callit THE LAIRD ;' and, in the Justiciary Record, 8th May, 1612, as ' THE LAIRD OF M c - 
GREGOUR!' In a Letter from the King, from his Court at Roystoun, 23d October, 1611, to the 
Scottish Council, (who took it into consideration 17th November following,) he is described as Dun 
can M c Ewne, alias Duncane THE TUTOUR.' He was cousin-german of Allaster M c Gregor of Glen- 
stray, executed at Edinburgh in 1604 ; and was Tutor to Gregor M c Gregor, otherwise John Murray, 
nephew and heir of Allaster, and who, on the King's recommendation, was restored to the Lauds of 
Glenstray, in 1624. Duncan the Tutor assumed the protective surname of DOUGLAS, in compliment, 
probably, to the Dowager Countess of Argyle. s Lineal ancestor of Macdonald of Keppoch. In 
the Record, he is sometimes styled ' the Laird of M c Rannald.' 



47&11JAC. VI. CRIMINAL TRIALS. 251 

be reflbne of thair awin Confeffiones, maid in prefens of the maift pairt of the 
laid Aflyfe, to be ffylet and convict of the haill crymes aboue reherfit. 

SENTENCE. To be tane to the Burrow-Mure of Edinburgh, and thair to be 
hangit vpone the cowmoun gibbit, quhill thay be deid : And all thair moveabill 
guidis to be efcheit and inbrocht to oure fouerane lordis vfe, as culpable and con 
vict of the faidis crymes. 



an* 

Aug. 3. DONALD DARG* M C ALLANE, fervand to Johnne Calder ; Do 
nald M c eane V c Allafter Bayne ; Johnne Mfyndlay M c quiben. 

Dilaitit of the crymes rejpecliue following, viz. THE faidis Donald Darg 
M c aUane, and Donald Meane V c allajler Bayne, ffor being in companie with 
Johnne and Donald Calderis, fones to Thomas Calder in Delneis, vpone the xxj 
day of Maij laft, at the treflbnabill Raifeing of ffyre, burning, and diftroying of 
the Hall, kitching, and remanent office-houffis within the precink of the clois of 
Clwnes, pertening to Colene Campbell of Clwnes : And ffor airt and pairt of the 
faid ffyre-raifeing and burning. As alfo, ffor airt and pairt of the Slauchter of 
four horfis and meiris, being vpone the landis of Clwnes at that tyme, pertening 
to the tennentis thairof : As alfo ffor cuming, vpoun the xxiiij day of the faid 
moneth, bak agane to the faidis landis of Clwnes, and thair, for airt and pairt of 
the Burneing of the haill houffis and biggingis within the Myd-toun of Clwnes, 
callit the Thornyfurd, and Burning of tua barnes and ane ftable, in the Nether- 
toun, quhilkis war left vnbrunt ofbefoir : AND ficlyk, ffor airt and pairt of the 
crewall Slauchter and Hocheing 2 of threttie heid of ky, oxin, and vther beftiall, 
pertening to Mr Williame Campbell of Breachlie his tennentis ; committit vpone 
the xxv day of the faid moneth of Maij laft : AND ffor airt and pairt of the 
crewall and vnnatural Slauchter of fourtie heid of guidis, within the Forreft of 
Leonache ; committit vpone the Mononday befoir St Colmes-mefs laft. As ALSO, 
the faid Johnne M'fyndla M c qutben, off airt and pairt of the Slauchter of vmq le 
Patrik M c greffie Roy in Budzet, with ane durk ; committit be him a tua yeir 
fyne, or thairby : AND for being in cumpanie with Robert Abroche M c gregour, 
his kyn (and) freindis, Thevis and Soirneris, be the fpace of ane moneth, in dy- 
uerfe thair wiket and thiftious deidis. 

QuhilkDittay was verifeitbe the faidis perfones Depofitiones, producet in proces. 

The Aduocat repeittis the Depofitiones alreddie producet, and in the Clerkis 
keping ; takis inftrumentis of the fweiring of the Aflyfe ; and proteftis for Wil- 
full Err our, gif thai acquit. 

1 Red-skinned ; ruddy- complexioned. Roy signifies red-haired. 2 Ham-stringing. 



252 CRIMINAL TRIALS. A.D. 1613. 

ASSISA. 

George Monro of Tarrell, Johnne M c gtllievorich, fervand James Bonhuik of Lochehill, 

Alexander Bayne of Logie, to Colene of Bothe, Johnne Stewart of Apyn, 

Hew Campbell of Ballangowne, James Dumbar of Bothe, Mr James Kirk, fervand to my 

Lord Argyle. 1 

VERDICT. The Aflyfe, all in ane voce, be the mouth of Alexander Bayne of 
Logie, chanceller, ffand, pronuncet, and declairit the faidis thre perfones on pan- 
nell, accoirding to thair awin confeflione, to be ffylet, culpable, and convict of 
the crymes refpectiue aboue fpecifeit. SENTENCE. To be tane to the Burrow- 
inure of Edinburgh, and vpone the cowmone gibbet thairof to be hangit, quhill 
thay be deid ; and all thair moveabill guidis to be efcheit, &c. 



Cljrft 2$rartn0 antj J^ootutjj at Sjagfcuts an* 



Sep. 3. GILBERT CRANSTOUN, father-brother to vmq lfl Patrik Cranf- 
toun of Corfbie. 

Dilaitit of the crymes following, viz. FOR the thiftious fteilling, conceilling, 
and away-taking, be way of Maifterfull thift and ftouth reif, furth of the ftable 
of Corfbie, of ane gray ftanet horfe, 2 pertening to Patrik Cranftoun of Corfbie, 
his brother fone ; committit be him vpone the tent day of July laft. ITEM, for 
airt and pairt of the thiftious fteilling, conceilling, refletting, and away-taking 
of tua fcheip, pertening to Andro Vaiche in Hammiltoun, vpone Lyne watter ; 
and of four fcheip pertening to James Tuedie, his fervand ; and of tua fcheip 
pertening to Johnne Stewart, in Stobo; tua vther fcheip pertening to James 
Fouldane, thair, &c. ; s flowin be the faid Gibert and his complices, furth of the 
bound is of Hammiltoun, vpone Lyne Commoune, in the moneth of ffebruar, 
I m .Vj c . and tuelff yeiris. ITEM, for contravening of the Actis of Parliament, in 
beiring and weiring of hagbutis and piftolettis, and fchuitting of George Home 
of Baffinden thairwith, in his left thie ; 4 committit in the moneth of September, 
1609 yeiris. ITEM, for Cowmoun Thift, and cowmoun refTet of thift, outputing 
and inputing of thift, fra land to land, fra cuntrie to cuntrie, baith of auld and new. 

VERDICT. Fylet, culpable, and convict of the haill crymes aboue writtin. 
SENTENCE. To be tane to the Caftell-hill of Edinburgh, and thair to be hangit 
vpone ane gibbet, quhill he be deid ; and all his moveable guidis to be efcheit, &c. 



;, JNrjnnjj, an* CeUferatum of fye jfHass, 

Sep. 14. MR ROBERT PHILLOPE, Preift ; James Stewart, callet James 
of Jervjalem. 

1 The rest of the Assise were tradesmen. * Stallion. * It is unnecessary to detail the various 
other petty thefts narrated in the Dittay. * Thigh. 



47&1UAC. VI. CRIMINAL TRIALS. 

Dilaitit of faying and heiring of Meffis, contrair the tennour of the Actis of 
Parliament, &c. 

FORSAMEKILL as, be dyuerfe Actis of Parliament, fpeciallie be the fyft Act of our fouerane lordis 
firft Parliament, and be the firft Act of his hienes fourtene Parliament, it is fpeciallie provydit, ftatute, 
and ordanit, that na maner of perfone or perfones, of quhatfumeuir degre or conditioun thay be of, 
prefwme nor tak vpone hand to fay Mefs within this kingdome, or 311 heir Mefs, nor be prefent pair- 
at ; vnder the pane of deid, with confifcatioun of thair haill moveabill guidis ; as the faidis Actis of 
Parliament in thame felffis proportis : Nochtwithllanding quhairof, it is of verritie, that the faid Mr 
Robert Phillope, Preift, quha reflauit the ordour of Preiftheid in Rome, baiting remanit furth of this 
kingome fen the 3eir of God I m .V. fourfcoir nyntene 3eiris, ftudeing the Catholique Romane Re- 
ligioun ; in the moneth of Maij laftbypaft, he returnet hame to this cuntrie, oF purpois and in- 
tentioun (as he hes declairit) to convert failles to the Romane Religioun ; fen the quhilk tyme 
of his hame cuming, viz. in the monethis of Maij, Junij, and Julij laftbypaft, ffor performeing of 
his former Idolatrous iutentioun, expres contrair the tennour of pe faidis Actis of Parliament, as 
ane Seminarie Prieft, and perverter of his Maiefteis guid fubiectis frome the trew Religioun, pro- 
feffit prefentlie within J>is realme, he hes feducet and conferrit with dyuerfe of his hienes fubiectis, 
doing quhat in him lay, be 'his fals and heretical! doctrine, to pervert ]>air faules from the treuth, 
and to convert thame to his erronious opinioun : AND for that effect, hes, within the faid fpace, 
faid and celebrat, to pe number of fax or fewin Meffis, in dyuerfe pairtis and places of pis realme, 
fecreitlie, in dyuerfe houffis within the famyn, namelie : ANE of the faidis Meffis was faid be him in 
grit folemnitie, with his Mefs-claithes, confecrat alter, Mefs-buik, and with his vther fuperftitious rites 
and ceremoneis belanging ]>airto, within foure or fyve royles to the burgh of Dumfreis, Mr George 
Aflowane, fone to the Laird of Garroche, being Clerk Jniirto, and bringer in of the fyre to lycht pe 
candillis ; quhairin the faid Mr Robert hes contra venit pe tennour of the faidis Actis of Parliament, and 
incurrit the panes and pwnefment mentionat pairintill, quhilk aucht and fould be execute vpone him, 
with all rigour : LYKAS alfo, it is of verritie, that James Stewart, callit ofJeru/alem, indueller within 
the burgh of Ed r , being ane oppin and profeffit Papift, keiping and beiring companie with Jefuitis, 
Seminarie Preiftis, and excommunicat traffiqueing Papiftis, and ane cowmone reffimer in all companeis 
for pe faid Romane Religioun, aganis pe trew Religioun, profeffit be his Maieftie and bis hienes loyall 
fubiectis within this his kingdom, expres contrair the tennour of pe faidis Actis of Parliament, in the 
monethis of Januare, Februare, Marche, Apryle, Maij, Junij, Julij, Auguft, September, October, No 
vember, December, in the 3eiris of God I" 1 , fex hundreth and nyne, fex hundreth ten, fex hundreth 
ellevin, and fex hundreth tuelff ^eiris, 1 at the leift, in ane or vther of the faidis monethis and 3eiris of 
God, he hes hard and gevin his bodielie prefence to dyuerfe Meffis, faid be dyuerfe Preiftis within this 
realme, in dyuerfe places of pe fame ; and namelie, the faid James Stewart y avowing himfelf to be ane 
Catholik Romane, in pe 3eir of God I m .Vj c . and nyne 3eiris, or pairby, was prefent at ane Mefs faid be 
Mr Patrick Anderfon, Jefuite, within his duelling hous of Patrik Abercrombie in Ed r , in the Laird of 
Ley is land, befyde the buriall jaird of the faid burgh : Lyk as, the faid James Stewart, accumpaneit 
with the faid Johnne Logane, portioner of Reftalrig,* about ane quarter of ane 3eir paireftir, was pre 
fent at the heiring of ane vther Mefs, quhilk was faid in the faid James awin duelling hous in d r , a 
littill aboue the Netber-boll-Poirt, quhair he duelt for pe tyme, be Johnne Surd, Preift, quha was 
hrocht to pe faid hous be pe faid Johnne Logane to the effect foirfaid, nane being prefent at that Mefs 
bot pe Preift, the faid James Stewart and his wyfe, with the faid Johnne Logane, and ane vther blak 
man. ITEM, fchoirtlie paireftir, the thrid Mefs was faid within the faid James Steuoartis duelling 
hous in the Cowgait of Ed r , quhair he duelt for pe tyme, the faid James being prefent him felff at the 
heiring and faying pairof be the Preift. BE the quhilk wilfull heiring and prefent-being at pe faidis 

1 ' There was a Messe the same moneth ( May 1 6 1 3) in Edinburgh, in James Stewart's house, who wes called James 
of Jerusalem. The Preist and the said James fled. Sundry of the company were taken and wairdit.' Calderwoofs 
MS. Church Hist. Adv. Lib. See his Trial, immediately following the present. 



254 CRIMINAL TRIALS. A.D. 1613. 

feuerall Meffis refpectiui foirfaidis, the faid James Stewart hes contravenit J>e tennour of the faidis 
Actis of Parliament, and hes incurrit the panes and pwneifchment mentionet pairintill, quhilk fould be 
execute vpone him with all rigour, to the terrour of vperis. 

Quhilk Dittay being red, in prefens of the faidis Mr Robert Phillipe and James 
Stewart, and thay accufet, be vertew thairof, of the feuerall crymes aboue fpeci- 
feit ; thay and aither of thame confeffit, in face of judgement, that thai had con 
travenit his Maiefteis lawis and Actis of Parliament, in heiring, faying, and being 
prefent at dyuerfe Meffis, in maner fpecifeit in thair Dittay, ffor the quhilk thay 
offerit thame felffis, and become in his Maiefteis will : Quhairupoun inftrumentis 
was tane be my Lord Aduocat. 

Nochtwithftanding quhairof, the Juftice ordanit thame to be put to the knaw- 
lege of ane Aflyfe. 1 The Aduocat, for verificatioun thairof, repeittit to the faidis 
perfones of Aflyfe thair former Judiciall Confeffioun maid of thair crymes, aboue 
fpecifeit ; and thairwith producet thair Depofitiones and Confefliones, maid in 
prefens of dyuerfe Lordis of his Maiefteis Previe Counfall, and of the Minifteris, 2 
fubfcryuit with thair awin handis ; and tuik inftrumentis vpone the productioun 
thairof. 

VERDICT. Fylet, culpable, and convict of the contravening of his Maiefteis 
Actis of Parliament, viz. the faid Mr Robert Phillipe, for faying of the feue 
rall Meffis fet doun in his Dittay ; and the faid James Stewart, for heiring and 
being prefent at the feuerall Meffis, alfo fet doun in his Dittay : conforme to 
their awin Depofitiones, and ratificatioun thairof in judgement. 

THE JUSTICE Ordanit the perfones convict to be returnet to waird, 3 thairin to 
remane, in ftrait firrnance, vnto the tyme DOME be pronuncet aganis thame. 

(Nov. 19.) COMPEIRIT Sir Williame Oliphant of Newtoun, kuy*, Aduo 
cat to our fouerane lord, and producet ane Warrand, direct fra the Lordis of his 
hienes Counfall to the Juftice ; quhairof the tennour followis. 

JUSTICE, Juftice clerk, and 5our deputis : 3<>w fall, vpone the fight heirof, appoint ane Juftice 
Court to be haldin within the Tolbuthe of Ed r , at fuche convenient and lauchfull day as ^ow fall think 
meit ; and fair call bcfoir 3ow JAMES STEWART, callit of Jerufalem, and MR ROBERT PHILLOPE, 
Preift, and pronunce DOME aganis thame, vpone the Sentence of convictioun alreddie gevin aganis 
fame, as followis, to wit : Decerne the faidis James Stewart and Mr Robert Pbillope to be BANISCHET 
his Maiefteis dominiones ; and to depairt furth J>airof, within the fpace of ane moneth ; and nevir to 
returne agane within the famyn, without his Maiefteis Licence .bad to that effect, vnder the pane of 
deid. Qubairanent ]>ir prefentis fall be3our Warrand. AT ED*, the xvj day of November, 1613. 

AL. CANCELL*. SANCTANDROIS. ARGYLE. 

* DOME' pronounced, according to the terms of the above Warrant. 



of tf)t 

Sep. 16. JoHNNE LOG ANE, portioner of Reftalrig. 
Dilaitit for the wilfull heiring of ane Mefs, and being prefent thairat, in com- 

1 All tradesmen. 2 Of the gospel ; clergy. * Prison. 



47 & 11 JAC. VI. CRIMINAL TRIALS. 255 

panie of James Stewart, callit of Jerufalem ; quhilk Mefs was faid in James 
Stewartis hous, a littill aboue the Nether-boll-Poirt of Ed r , quhair he duelt for 
the tyme, in the yeir of God I m . fex hundreth and nyne yeiris, or thairby, be 
Jolmne Burd, Preift. 1 

Andro Logane of Coitfield proteftis, in refpect of the entrie of the pannell this 
day, that the vnlaw quhairin he was adiudget the laft dyet, 2 be nocht buikit nor 
gevin out aganis him : And producet the Counfallis Warrand, fubfcryuit be my 
Lord Chanceller, daitit the xv of this inftant, Ordaning the faid vnlaw nocht to 
be buiket ; bot the faid Johnne Logane, for quhome he became cautioun, and now 
enterit vpone pannell, to be put to ane Tryell for the cryme fpecifeit in his Dittay. 

My lord Aduocat producet the Dittay ; and efter reiding thairof, defyret the 
pannell to be put to the Aflyfe for the crymes fpecifeit thairintill. 

It is allegit be the pannell, that, as to the firft Act of the firft Parliament 
halden be our fouerane lord and Eftaitis, he can nocht, be vertew thairof, incur 
the pane and pwneifchment of daith mentionat in the Dittay, becaus the maift 
that the faid Act extendis to, is only daith to be inflictit for fie as the thrid tyme 
fall be fund culpable and convict of heiring of Mefs, or beis wilfullie prefent at 
the heiring thairof : And trew it is, that in the faid Dittay, producet aganis him, 
thair is only mentioun maid of ane Mefs hard be him : Igitur, &c. To the 
quhilk it is anfuerit be my lord Aduocat, that he infiftis only in perfute of the 
pannell for contravening the firft Act of his Maiefteis fourtene Parliament, maid 
aganis wilfull heiraris of Mefs, fen the moneth of Junij 1594, quhilk is the dait 
of the faid Act, quhairvpone the Dittay is fpeciallie foundit : In refpect quhairof, 
the pannell fould be put to ane Aflyfe, for heiring, and wilfullie being prefent at 
arie Mefs, in marier, and at the tyme contenit in the Dittay. 

It is forder allegit be the pannell, that he can nocht be put to ane Aflyfe for 
contravening the Act of the xiiij Parliament, becaus he nevir was prefent at ane 
Mefs within this realme, bot anes, fen his cuming out of Flanderis, quhilk is four 
or fyue yeir fyne ; and the Act aucht only to be extendit aganis fie as hes hard 
mony Meflis : Lykas, the pannell was drawin to the faid Mefs be feniftrous in- 
formatioun, and at the inftigatioun of James Stewart, quha inveitit him to his 
hous to the heiring thairof ; and fa, in effect, come thairto contrair his will ; ffor 
the quhilk cryme he is maift penitent, and craves firft God, and nixt his Maief- 
tie and Counfall, and the Kirk, pardoun for the famyn : Lyk as, in refpect of his 
penitence and greif for the faid offence, he was reffauit in fauour with the Kirk 

1 The Ditlay is conceived in terms precisely similar to the preceding case. * On Sep. 14. This 
marking is inserted ' M D . The Guidman of Coitfeild being vnlawit pis day, for nocht entrie of Johnne 
Logane, portioner of Reftalrig, to haif bene tryit for pe faid crymes ; the Act of bulking J>airof, be J>e 
Counfallis Warrand, was (in refpect of Johnne Loganes entrie in waird) difcharget.' 



256 CRIMINAL TRIALS. A.D. 1613. 

and Seflioun of the parochin quhair he duellis ; and hes fenfyne borne office in 
the Seflioun thairof, refoirtit continuallie to the heiring of the woird, and at all 
tymes was prefent at the celebratioun of the Communioun and miniftratioun of 
the Sacramentis : Protefting, be God's grace, to continew ane trew and conftant 
Profe flour of the trew Religioun, prefentlie profeflit within this realme, to his 
lyves end ; and for the offence aboue writtin maift humlie becumis in his Maief- 
teis will. It is anfuerit be my lord Aduocat, that the allegeance maid be the 
pannell is na relevant caufe, of the Law, to ftay the puting of him to the tryell of 
ane Aflyfe, vpone the Dittay lybellit ; becaus all perfones man be comptit wil- 
full heiraris of Mefs that cumis voluntarlie thairto, and patientlie abydis and 
heiris the famyn ; and it is nocht allegit be the pannell that he was corapellit to 
cum and heir that Mefs ; nather can the famyn be fuftenit, except he purge the 
famyn be ane violent deid compelling him to refoirt thairto : And albeit the 
pannell hes communicat fenfyne, and borne office in the Kirk, he anis haifing 
wilfullie hard Mes, quhilk is ane cryme capitall, be the faid Act of Parliament, 
na deid done be him, without his Maiefteis pardoun and Remiflioun paft, can 
purge that cryme : And forder, to mak it knawin that he was ane wilfull heirar 
of the Mefs lybellit, it is affirmet that he come to James Stewards hous at the 
Nether-boll, and brocht with him Johnne Burd, Preift, quha cravet feruice, 
James Stewart-then being fleiping in his bed ; and being walknit, he anfuerit, 
that for releif of his confcience he was content to heir him : And than the Meis 
was faid in the faid James Stewartis hous, quhair thairefter thay dynet altogidder. 
This is verifeit be James Stewartis awin Depofitioun, fubfcryuit with his hand, 
and heirwith producet, for verifeing the premifles. 

THE JUSTICE Repellis the allegeances aboue writtin, and ffindis the Dittay 
relevant ; and Ordanis the pannell to pas to the tryell of ane Aflyfe, for the 
cryme lybellit. 

VERDICT. The Aflyfe, all in ane voce, be the mouth of Thomas Fifcher, 
mercheand, chanceller, ffand, pronuncet, and declairit the faid Johnne Logane, 
conforme to his awin Depofitioun, fubfcryuit with his hand, and ratificationis 
thairof maid in judgement, in thair prefens and audience, to be ffylet, culpable, 
and convict of the heiring of ane Mefs faid be the faid Johnne Burd, Preift, 
within the duelling hous of the faid James Stewart ; in forme and raaner, and 
at the perticuler tyme fpecifeit in the faid Dittay. 

THE JUSTICE Ordanit him to be tane bak agane to waird within the Tolbuth 
of Ed*, thair to remane quhill DOME war pronuncet vpone his former convic- 
tioune, &c. 

(Nov. 26.) The Lord Advocate produced a Warrant of the Privy Coun 
cil, dated ' at Ed r , the xvj day of November, 1613,' ordaining the Juftice to pro- 



47 & 11 JAC. VI. CRIMINAL TRIALS, 257 

nunce DOME aganis him, vpon ]?e Sentence of Convictioun alreddie geven aganis 
him, as followis, viz.' 

SENTENCE. That he mak payment to his Maiefteis Thefaurer depute and 
Reffauer, in his Maiefteis name, of the fowme of ane Thowfeand pundis money, 
as a fyne irnpoifit vpone him. 



antr 

Sep. 24. JOHNNE RAMSAY of Pryour-Lethame. 

Dilaitit for the filthie and abhominable cryme of Inceft, committit be him with 
Margaret Ramfay, his awin dochter : As alfo, for airt and pairt of the crewall 
Murthour and flauchter of vmq le Williame Ofett, his awin fervand ; and rema- 
nent crymes contenit in the Letteris. 

Mr Vmphra Blinfchell, Aduocat, as bailie and procuratour for George, Arche- 
bifchope of St Androis, Lord of Regalitie thairof, quha exponit and declairit that 
the faid Johnne is duelland within the boundis of the regalitie of St Androis, 
and thairby is fubiect to the faid Lord of Regalitie, his judgement and jurifdic- 
tioun, for the crymes aboue Ipecifeit : And thairfoir Proteftit, that quhatfoeuir 
war done be the Juftice this day, fould nawayis preiudge the faid Lord of St 
Androis, nor his privilege of Regalitie thairof. 

Michell Ramfay of the Forther vnlawit and amerciat in the pane of fyve hun- 
dreth merkis, for nocht entrie of the faid Johnne. And ficlyk, that the faid 
Johnne, for his nocht compeirance, be denuncet rebell and put to his bienes home ; 
and all his moveabill guidis to be efcheit, &C. 1 



! Cattle 

Nov. 5. THOMAS CALDER, in Delneis ; Robert Caddell (Calder), fone 

to Johnne Caddell in Flines. 

Dilaitit for airt and pairt of the coming to the landis of Clunes, pertening to 
Colene Campbell of Clwnes heretablie, and maift treflbnablie and awfullie Rating 
of ffyre in the hall, chalmeris, barnis, byris, and fcheip-coit thairof, and burning 
and diftroying of the famyn, and be Maifterfull Oppreffioun, hoching 2 and flaying 
of thre meiris (mares) and ane horfe, pertening to the faid Colene ; committit 
vpoun the xxij day of Maij laftbypaft, vnder fylence and cloud of nycht. AND 
ficlyk, for cuming to the faid landis of Clunes, on the xxiiij day of the moneth of 
Maij laftbypaft, att tuell houris in the day licht, and willfullie, awfullie, and 
treffonabillie Rafing of ffyre, in ane toun, 3 callit in Erfch 4 Andraane, and in 

1 No farther notice is taken of this case, which had likely been quashed by Archbishop Gladstanes, 
(translated from the See of Caithness, A.D. 1606,) or privately compromised within his Regality. 
2 Hamstringing. 3 Farm-steading. * Gaelic. 

VOL. III. 2 K 



258 CRIMINAL TRIALS. A.D. 1613. 

Scottis Thorne-furd ; and to the Cot-toun of Clune, and Burning and diftroying 
of the famin, togidder with the haill infycht and pleneiffing, pertening to the laid 
Colene Campbellis tennentis thair : And fwa, for committing of oppin and ma- 

nifeft Treafoun. 

PERSEWARIS, Colene Campbell of Clwnes ; Sir Williame Oliplmnt of Newtoun, kny*, Aduocat, &c. 
THE Juftice, of confent of the perfewaris, Continewis this matte to the fyf- 
tene day of December nixt. 

(Dec. 15.) James Cuming of Alter, cautioner for the faid James, vnlawit 
and amerciat in the pane of tua hundreth merkis, for his non-entrie ; and Colene 
Campbell of Both, cautioner for the faid Robert Calder, in the pane of ane hun 
dreth merkis : And the pannels Decernit to be denuncet our fouerane lordis 
rebellis, &c., and all thair movable guidis to be efcheit, &c. 



JHurtrtr 

Nov. 24. ALLANE CAMRONE alias MEandowie of Locl^ell ; Eugen 
Camrone in Caldort ; and Allane Dow in Clinfchphairne, &c. 

Dilaitit for airt and pairt of the crewall Murthour and Slauchter of Johnne 
Camrone, alias Bodache, Allafter Camrone of Glennevas, and vmq le Ewin M c co- 
neill V c ewin, and remanent crymes of Murthour, Slauchter, Thift, and ffyre- 
raifeing, at lenth Ipecifeit and fett doun in the Letteris. 1 

James Gordoun of Knokafpek, as cautioner, for repoirting the Letteris, deu- 
lie execute and indorfate, purcheft at the inftance of Marie Neane Jeane Oig, the 
relict of the faid Johnne ; Meriorie Ewin, the relict of the faid Allafter ; Marie 
Neane Lauchlane V c allane, relict of vmq le Ewin ; with the remanent kyn and 
freindis, producet the faidis Letteris, deulie execute, &c., be the quhilkis thai ar 
all denuncet rebellis, and put to the home. 



Usurpation of king's autfjorttg !B*0tro$iitg gmn Corn, 

Nov. 26. WILLIAME FORBES, elder of Monymufk ; Robert, Johnne, 
and Mr James Forbis, his thre fones ; Johnne Forbes, callit 
of Burnegranes ; James Geillis and Johnne Farquhar, doraef- 
tik feruitouris to Monymufk ; and George Raitt, in Coiff. 
Dilaitit for vfurpatioun of his Maiefteis authoritie, in taking of Williame Dow- 
gat, (Duguid ?) feruitour to George Gairdin ; committit the 24 of Julij laft : 
And for contravening the Actis of Parliament, in cutting of certane grene grow- 
and coirnes, pertening to Gilbert Me^eis of Pitfoddellis, growand vpone his 
landis of ..... 

PERSEWARIS, Gilbert Menjeis of Pitfoddellis ; Williame Dougat, feruitour to George Gairdin ; Sir 
Williame Oliphant of Newtoun, kny*, Aduocat. 

1 The Dittays are not inserted in the Record. 



47 & 11 JAC. VI. CRIMINAL TRIALS. 259 

THE Juftice, with advyfe of my lord Aduocat, Continewis this dyet to the 
thrid day of the Air (of Aberdeen), or foner, vpone xv dayis wairning ; and Or- 
danis cautioun to be fund be the pannell. Plegio, Joanne Kynnaird de eodem. 



Cutting: airtr BistrDging Corn* 

Nov. 26. MARGARET IRWING, Lady Pitfoddellis ; Gilbert Men3eis of 
Pitfoddellis, hir fpous, for his entreis ; Dauid Knowis, his do- 
meftik fervand ; Johnne Ramfay, his greif ; Johnne Philp, 
Williame Daveny, Williame Dougatt, and Johnne Ramfay. 
Dilaitit of airt and pairt of the contravening of our fouerane lordis Actis of 
Parliament, in cutting and difbroying of coirnes ; committit in the moneth of 
July laftbypaft. PERSEWARIS. 

Williame Forbes, elder of Monymufk ; Sir Williame Oliphant of Newtoune, kny 1 , Aduocat. 
This cafe 1 alfo continued to the fame Air. Plegio, Pitfoddellis. 



Dec. 1. HEW SOMERVELL of Drum. 

Dilaitit for airt and pairt of the Slauchter of vmq le Johnne Bryfone, in Gil- 
mertoun, be gevin to him of dyuerfe ftraikis, hurtis, and woundis, with ane lang 
battone or girth-fling, 2 in his fydis, fchoulderis, breift, and bellie, and dyueris 
vtheris pairtis of his body, at the dur of his duelling hous in Gilmertoun, vpone 
the xxiiij of September laft ; off the quhilkis ftraikis, he haifing tane bed, and 
remaning bedfaft the fpace of aucht dayis, in grit dollour and pane, deceiffit 
thairof vpone the firft day of October thaireftir. 

PERSEWARIS, Agnes M c indo, the relict ; Patrik and Margaret Bryfone, as bairnes. 
PRELOCUTOURIS in defence, Mr Thomas Hoip, Mr Laurence M c gill. 

It is allegit be the pannell, that the Dittay is nocht relevant, in fa far as it is 
nocht qualifeit thairin, that the cryme was committit vpone foirthocht fellonie ; 
without the quhilk war condifcendit vpone, na cryme can be inferrit : And thair- 
foir, as the Dittay is qualifeit, it can nocht pas to ane Aflyfe. And forder, it is 
affermit be the pannell, that the faid Johnne Bryfonis death nawayis proceidit 
vpone ony ftraik or hurt gevin to him the tyme lybellit ; bot be the contraire, 
the faid Johnne, that fame day of the allegit reflaueing of the ftraikis, paft to 
the Coilpot-hill, and thairfra with his coillis 3 come to Ed r , quhair he fauld the 

1 It is obvious that the preceding cases arose out of the deadly feuds which then raged between the 
families of Monymusk and Pitfoddels. No information is afforded by the Record, how these Cases 
terminated but from their withdrawal to ' the Air,' it is likely they were compromised by the inter 
vention of mutual friends. 2 Dr Jamieson interprets this word to signify a pole from which a 

girth, gird, or barrel hoop is made. 3 Coals. GILMERTON, at that period, as well as now, was 

famous for its collieries and stone quarries, and appears to have been, even in these early times, peopled 
by a most barbarous and regardless race. The recent atrocious case of Rape and Murder is too fresh 
in the public mind to require any farther notice of the proverbially savage nature of the colliers and 
carters inhabiting that village. A bare allusion to the evidence adduced in that shocking Trial is more 
than enough to justify the preceding observation. 



260 CRIMINAL TRIALS. A.D. 1613. 

famyn ; and pafling hame, that fame nycht, to his awin hous, lay doun haill and 
feir"; 1 and his haill famelie being vifleit with the hett-fever, 2 be the fpace of ane 
moneth of befoir, the faid Johune being alfo vifleit thairwith, in audit dayis thair- 
eftir, fa reaget thairin, that in end, at the tyme lybellit, he deceiffit of the faid 
ffever, notourlie knawin to the haill cuntrie about. And fa, can nocht pas to 
ane Aflyfe, for ony cryme fet doun in the fummondis. 

THE Juftice Hindis the Summondis relevant, nochtwithftanding of the former 
allegeances : and Ordanis the famyn to pas to ane Aflyfe. 

ASSISA. 

Mr Pat. Edmefloun of Wowmet, Nicoll Crawfurd, in Nether Lib- Mr Jo n Wardlaw, in Libbertoun, 
George Ilamiay, Nether-houflis, bertoun, Symone Henderfoun, thair, 

Robert Eddiflaw, in Lefuaid, Henrie Arnotc, in Lefwaid, Dauid Ramfay, in Pethheid, 

Nicoll Ramfay, thair, Michaell Craufurd, at Libber- Geo. Pacok, in Nether Libbertoun, 

Gilbert Hay, thair, toon-Kirk, Thomas Andro, in Lefuaid. 

It is allegit be the pannell (that) George Ramfay, Robert Eddiflaw, Nicoll 
Ramfay, can nocht be reflauit vpone his Aflyfe, becaus thai ar tennentis, haifing 
na frie landis of thair awin ; and the pannell being ane landit Gentilman, with 
in the degrie of ane Barroune, halding his landis of Drum, and vtheris pertening 
to him, immediatlie of the Kingis Maieftie, fould thairfoir be tryit be his peiris, 
viz. be Barrones ; at the leift, the maift pairt of thame fould be in that rank ; 
igiiur, &c. Repeitis the former allegeance aganis the remanent Aflyfouris of 
the lyk qualitie. 

THE Juftice, vpone tryell of the faid George Ramfay and remanent Afly 
fouris rank and eftait, finding thame to be honeft, fubflantious men, Admittis 
thame vpone the faid Aflyfe. 

VERDICT. The Aflyfe, all in ane voce, be the mouth of Thomas Andro, in 
Lefuaid, chanceller, ffand, pronuncet, and declairit the faid Hew Somervell of 
Drum to be Cleane, innocent, and acquit of the faid flauchter. 



$01001111113; CrrawmafcU JHurfcrr. 

[THE Case of ROBERT ERSKINE, which follows, and the subsequent Trial of his three sisters, 
HELEN, ISOBEL, and ANNAS, 3 afford very lamentable proofs of the baneful effects of an all-engrossing 
spirit of covetousness. There cannot be a doubt that the sordid avarice of these individuals, habitually 
indulged, and permitted to acquire the entire ascendency over their minds, rapidly terminated in the 
perpetration of the highly revolting crimes for which their lives were justly forfeited to the offended 
laws of their country. 

It is melancholy to reflect that these atrocious criminals, whose cold-blooded and calculating crimes 
form the subject of these Trials, were immediate descendants of the eminently good and pious John 
Erskine, Baron of Dun, and Superintendent of Angus and Mearns, one of the most active promoters 
of the Reformation of Religion in Scotland, whose character and public services are well known. This 
excellent man died Mar. 12, 1591, in the 82d year of his age, having, throughout his long and useful 
life, bestowed much of his time in attending to the religious and moral education of his children an d 

1 Whole and sound. Probably the Scarlet fever. See their Trial in this Collection, Jun. 22, 1614. 



47&1UAC. VI. CRIMINAL TRIALS. 261 

their numerous descendants. The Superintendent was the eldest son of John Erskine of Dun, by Mar 
garet Ruthven, daughter of Sir William de Ruthven, first Lord Ruthven, and relict of Alexander, 
second Earl of Buchan. He married Lady Elizabeth, third daughter of David, seventh Earl of Craw 
ford. John Erskine, the next Baron of Dun, married Margaret, eldest daughter of James, ffth Lord 
Ogilvy of Airlie. His son, John Erskine of Dun, married Margaret Keith, second daughter of Ro 
bert Lord Altrie, last mentioned. This Baron was succeeded by John Erskine of Dun, who married 
the Honourable Margaret Lindsay, daughter of Sir Alexander Lindsay, first Lord Spynie, (slain 1607,) 
and was probably the father of Robert and his sisters, Helen, Isobel, and Annas. David Erskine of 
Dun, the brother of these criminals, and father of their victims, John and Alexander Erskine, married 
Jean, eldest daughter of Patrick Maule of Panmure, by Margaret daughter of John Erskine of Dun. 

It must therefore be obvious, owing to the high respectability of the ancient Family of Dun, and the 
rank and power of the numerous connexions of the pannels, that every influence must have been used 
for averting the stain of a public Trial and an ignominious execution ; but their crimes were of too deep 
a dye to admit of the public prosecutor waiving this imperative duty. 

One very striking feature of this remarkable Case is, that the brother was urged forward to the per 
petration of this crime by the repeated suggestions and solicitations of his sisters ; who, with despe 
rate wickedness, goaded him forward to consent to the act. These wretched females were both the 
prime movers and the actors in this shocking tragedy. Their brother appears to have been a passive 
instrument in their hands. 

It only remains for the Editor to state, that, after much research, he has only been able to procure 
the following notices, from an authentic source. 1 

(Nov. 30, 1613.) < ROBERT ERSKINE, vncle to THE LAIRD OF DYNNE, being examinat be foureof 
the Counfell, depute to that effect, vpon the practize of poifone aganes his tua nephewes, the brether 
of the Houfe of Dynne; after dyuerfe denyallis and confrontationes with fome who avowed that mater 
vpone him, he is come to a cleere Confeffion of the haill treuthe of that mater ; to wit, that he wes a 
deallar, confultor, and confentar to the Murthour of his tua nephewes by poyfone ; and that his thre 
iifteris wer the firft movearis of him to that wicked deide, that therby he might atteane to the right of 
the leving of Dynne. Direction is gevin to the Juftice to putte him to the tryall of the lawes, and 
Comraiflion is gevin to the Erie of Mar to apprehend the three fifleris, and fome otheris gevin vp be 
the faid Robert, as guyltie, and to prefent thame heare to there tryell.' (Dec. 1, 1613.) ' Robert 
Erfkyne wes this day execute for the practize of poifone, wherin he wes a counfellour and confentar 
againes the tua bretherine of the Houfe of Dynne.'] 

Dec. 1. ROBERT ERSKYN, fone to Johnne Erfkyn, appeirand of Dwn, 

callit Johnne of Logy. 

Dilaitit, accufet, and perfewit, be Sir Williame Oliphant of Newtoun, kny', 
Aduocat to our fouerane lord, for his hienes intereis, of the crymes following, viz. 

DITTAY again/I Robert ErJJcyn. 

FORSAMEKILL as, be the Law of the Almychtie God, loveable Conftitutiones 
of all Chriftiane kingdomes, and Municipall Lawis of this realme, all Witchcraft, 
Sorcerie, Confultatioun with Witches, feiking of help or refponfes of thame, and 
vfearis of Poyfone or Poyfoneable herbis, quhairthrow ony Criiliane man, wo 
man, or bairne may take hearme, is prohibeit and difcharged, vrider the pane of 
deid, confifcatioun of all the offendouris moveabillis, and dyuerfe vtheris grevous 

1 Minutes of Privy Council Proceedings, Denmylne MSS. Adv. Library. JBa/f. Annales, II. 44. 



262 CRIMINAL TRIALS. A.D. 1613. 

panes and pwneifchmentis, at moir lenth expreflit in the faidis Lawis, Actis, and 
Ordinances : Nochtwithftanding quhairof, it is of veritie, that J)e faid Robert 
Erfkyn, being blinded with the godles and infatiable defyre of )>e landis and 
leving of Dwn, and knowing perfytlie that he could nevir attene to be full Laird 
Jwirof, fo long as Johnne and [Alexander] Erfkynis, the tuo lauchfull fones of 
vmq le Dauid Erfkin, his elder lauchfull brother, was on lyfe : ffor removeing of 
the quhilk impediment, vpone a pretendit mifcontentement confauet be him and 
his thre fifteris, Iflbbell, Helene, and Annas Erfkinis, becaus vmq le Er 
fkyn of Dwn, quho was fone-in-law to the Laird of Pitcur, vpone his deid-bed 
had nominat Johnne Erfkin, Minifter at St Ceres Kirk, to be Tutour Tefta- 
menter to the faidis tuo 3oung boyis, his brother-fones, and that be )>e faid no- 
minatioun of Tutorie, the faid Robert, as nerreft agnat of bluid to thame, was 
defraudit of the charge of J?ais bairnes and J>air Eflait ; albeit )>e faid Robert his 
cheif difcontentment was, becaus, be )>e furvieving of the faidis tuo bairnes, 5our 
(his) rycht of fucceffioun to the faid leving was impeidit. The faid Robert, )>air- 
foir, ffor removeing of the faid impediment, in his devillifch difpofitioun, con- 
venit to him felff his faidis thre fifleris, Iflbbell, Annas, and Helene, within the 
Place 1 of Logy, about Mydfomer, in the 3eir of God I m . fex hundreth and ten 
5eiris, and J?air treited, confulted, deliberat, and refolued vpone the deftructioun 
and Murthour of pe faidis tuo 3oung childrene, his broper-fones, 2 be Witchcraft 
and Pojjfoun : AND for this effect, tuo of his fifleris, haifing proponit to ane 
Dauid Blewhous, that gif 3 he wald vndertak to get ane Witch e, that, be fum 
finifterous meanis, wald tak away the lyves of )>e faidis tuo boyis that war betuix 
f>e faid Robert and the leving of Dwn, that )>e faid Dauid fould refTaue for his 
rewaird ane pofleffioun, for his lyftyme, out of the landis of Dwn, and fy ve hun 
dreth merkis of filuer ; and promeift to caus J?e faid Robert, vpon the morne 
Jjaireftir, ratifie to ]?e faid Dauid the former conditioun : Lykas, fchortlie J>airef- 
tir, )?e faid Robert, cuming to the faid Dauid Blewhous duelling hous, and haifing 
forgadderit 4 with him Jjair, he J>an demandit of Jje faid Dauid, quhat he had done 
concerning the purpois impairtit be his fifteris to him, anent )>e diftructioun of 
j?e faidis tuo bairnes ? And becaus, be )>e anfuer maid be him to ]>e faid Robert and 
his fifteris, the faid Robert could nocht get his wiket purpois effectuat be J>e faid 
Dauid Blewhous, thairvpone the faidis Annas and Helene, his tua fifteris, of the 
fpeciall caufeing, fending, hounding out, airt, pairt-taking, counfell, and devyfe, 
paft, in ane evening, fra J>e faid Place of Logy, over J>e Cairnemonth, towardis Jie 
Mure-ailhous, and )>air forgadderit with ane woman, quha namet hir felf Jonet 
Irwing, ane notorious Witche and abufer of )>e people ; and eftir conference with 
hir in the faid purpois, thay, for accomplefchment J>airof, refTauit of hir ane grit 
1 Mansion-house. * Nephews. * If. 4 Met. 



47&1UAC. VI. CRIMINAL TRIALS. 263 

quantitie of herbis, quhilkis war brocht with thame (with iniunctioun how to vie 
the faidis herbis) hame to Logy. Quhilk being fene be pe faid Robert, in pair 
handis, arid he altogidder diftrufting that thais herbis war hable 1 to do that wiket 
turne for the quhilk pai war brocht, ffor clering of his dout, he, togidder with 
Johnne Kirk, paft over pe Month towardis the Mure-ailhous, quhair he confultit 
and conferrit with the faid Jonet Irwing, Witche, off quhome at Ipat tyme he ref- 
fauet ane full refolutioun that pe herbis delyuerit be hir to his fifteris was force- 
able aneuche to effectuat pe former wiket turne : LYK AS, fchortlie paireftir, pe 
faid Robert, returning hame agane, he concurrit and confultit with his fifteris 
in all pair wiket refolutiones, to pe tyme that pe faid poyfoneable drink was 
gevin be pame to the faidis tuo boyis ; quha paireftir, be pe faid Robert his coun- 
fall and advyfe, tuik pe faidis herbis, and fteipit pame amangis aill ane lang 
fpace ; and paireftir, it being in deliberatioun betuix pe faid Robert and his fif 
teris, quhidder it fould be caffin out or vfet, in end, it was vniformelie aggreit 
and concludit amangis thame, that )>e drink quhairin the faidis herbis war fteip- 
pit fould be gevin to the faidis tuo boyis : ffor accompleifchmerit quhairof, tuo 
of the faidis fifteris, accumpaneit with Gilbert Campbell, his horfe-boy for pe 
tyme, haifing alfo in companie with thame the faid Johnne Erjkine, the eldeft 
of the faidis tuo boyis, paft altogidder furth of Logy to J>e burgh of Montrois, 
quhair pe vther boy with his mother remanit and duelt for pe tyme ; and pair, 
of pe faid Robert Erfldne his knawlege, counfell, and devyfe, the faid poyfone 
able drink was gevin to the faidis tuo boyis, his brother-fones : Quhilk drink, 
eftir pair reflaueing pairof, wrocht fo violentlie vpone pame, that immediatlie 
paireftir thay tuik fie ane extraordiner preife 2 of vomeiting, that na perfone ex 
pected for pair lyfe : Be occafioun of the quhilk poyfoneable drink, fa miniftrat 
and gevin to thame, the faid Johnne Erjkine, the eldeft of the tuo, contracted 
fie a deidlie difeas and feiknes, that his fkyn turning all blak, and his haill no- 
bill pairtis inwardlie confumeing, he daylie and continuallie paireftir dwynet 3 in 
grit dollour and pane, to the tyme of his death, viz. to the terme of Witfonday 
laft ; at quhilk tyme, he in maift lamentable maner deceiffit, of the faid vennem- 
ous and poyfoneable drink, vttering befoir his death thir or the lyk woirdis, to 
all fie as war prefent, *' Wo is me, that I evir had richt of fucceffioun to ony 
landis or leving ! ffor gif I had bene borne fum pure coitteris fone, I had nocht 
bene fa demanet, 4 nor fie wikket practizes had bene plottit aganis me for my 
Landis !" AND fa, was crewallie and treflbnabillie Murthoret ; and be pe foirfaid 
vnlawfull and poyfoneable drink, cuttit aff be pe faid Robert Erfkine, his uncle : 
And he was airt and pairt of the faid treafonabill Murthour, and of pe damnable 
confulting and devyfeing with the faid Jonet Irwing, ane notorious Witche, iFor 
1 Lat. habilis. 2 Literally, press, 3 Pined away. 4 Treated. 



264 CRIMINAL TRIALS. A.D. 1613. 

making and miniftrating of J>e faid poyfoneable and vennemous drink, for the 
faidis tuo bairnes Murthour and deftructioun. LYKAS, the vther of the faidis 
tuo boyis remanis as 3it fair vifleit with intolerable payne, and feiknes vniuerfall 
throw his haill body, be occafioun of the faid drink gevin to him at j)e time 
foirfaid ; off quhais lyfe J>air is na hoip. To THE TAIKIN of the quhilkis pre- 
mifles, )>e faid Robert being examinat be the Lordis of his Maiefteis Previe Coun- 
lall ; quhairiipoune, eftir lang deilling with him )>airintill, in end, come to his 
Confefiioun, in maner fpecifeit in his Depofitiones : Lyk as, he being charget, be 
vertew of Criminall Letteris, to haif compeirit and fund cautioun that he fould 
vnderly the Law for J?e faidis crymes, was, for his nocht finding cautioun, denun- 
cet to the home, and declairit fugitiue fra his Maiefteis Lawis, for the crymes 
aboue fpecifeit ; at the quhilk Hoirning he hes ever fen fyne remanit vnrelaxt ]>air- 
fra. As J>e faidis Letteris of Hoirning, producet aganis him, in the felf proportis. 
Eftir reiding of the quhilk Dittay, and accufatioun of the faid Robert Erfkine, 
be vertew thairof, of the crymes aboue expremit, quhilkis war Confeflit be him 
to be of verritie, the Juftice, of his awin confent, referrit the famyn to the Tryell 
of ane AfTyfe of the perfones following. 

ASSISA. 

Mr Ja s Dureharae of Duntervie, Sir George Rarafay of Dalhoufiie, Johnne Beatone of Falay, 

Mr Francis Bothuell, brother ger- Mr Alexander Seatoun of Gormok, Patrick Maxwall of Newark, 
mane to vmq lc Johnne, Lord Cuthbert Cunningbame, Proveift Aulay M c caulay of Ardincapill, 
Halyrudhous, of Dumbarton, Duncane Menzeis of Comerie, 

Robert Falconer of Ballandro, Menzeis of Weyme, Mathow Bailzie of Littillgill. 

Sir Jobnne Preftoun of Vallafeild, Patrik Auchterlonie, Duulope of that Ilk. 

Quhilkis crymes the faid Robert Erfkine of new, in the faid AfTyfe prefens 
and audience, confeffit and acknowlegit to be of verritie. Quhairupoun inftru- 
mentis was tane be our faid fouerane lordis Aduocat ; and quha, for the faid Af- 
fyfe forder refolutioun, producet to thame the faid Robert Erfkines Depofitiones, 
fubfcryuit witli his hand, and dyuerfe of the Lordis of his Maiefteis Previe Coun- 
fall ; togidder with the faidis Letteris of Hoirning, beiring him to haif bene 
fugitiue fra his Maiefteis lawis, continuallie fen the committing of the faid fact. 

VERDICT. The AfTyfe, all in ane voce, be the mouth of Mr James Durhame 
of Duntarvie, chanceller, be reflbne of his former Depofitiones, and ratificatioun 
thairof, maid in judgement, ffand, pronuncet, and declairit the faid Robert Er-' 
fkin to be Giltie, culpable, and convict of airt and pairt of the Murthour and 
diftructioun of the faid Johnne Erfkine, his brother-fone, be miniftrating to him 
and his faid brother of the poyfoneable drink, in maner fpecifeit in the faid Dit 
tay. SENTENCE. To be tane to the Mercat-croce of Edinburgh, and thair his 
heid to be ftrukin from his body : And all his moveabill guidis to be efcheit, &C. 1 
1 See the Trial of Helen, Issobel, and Annas Erskine, Jun. 22, 1614. 



47&11JAC. VI. CRIMINAL TRIALS. 265 



Jan. 28, 1614. PETER DAUIDSOUN in Heddene; James Wallace, fum- 
tyme duelland in Dundie ; and Donald Smyth in Dum- 
barten. 

Dilaitit as follows, viz. The faid Peter Dauidjbun ffor the thiftious fteilling,. 
conceilling, reffetting, and away-taking of ane cut-luggit ftanet naig, moufe- 
hewit and ftug-taillit ; a togidder with ane foird baflbned meir, 2 haifing thre 
quhyte feit, alfo ftug-taillit, a faxtene myles bejond Beruik in Ingland ; commit- 
tit about Mydfomer laft. ITEM, for the thiftious fteilling and away-taking of 
ane gray am bland meir, with ane littill foired meir, a fevin or aucht myles abone 
Annik, 3 in Ingland ; committit at Lambes laft, &c. AND the faidis James Wal 
lace and Donald Smyth, ffor airt and pairt of the thiftious fteilling, conceilling, 
reffetting, and away-taking of tua horfe, furth of the landis of Kerfe, &c. &c. 

VERDICT. Fylet, culpable, and convict, conforme to thair awin Judiciall Con- 
feffiones. SENTENCE. To be tane to the Caftell-hill of Edinburgh, and thair to 
be hangit quhill thai be deid ; and all thair moveabill guidis to be efcheit, &c. 



of 

May 20. PATRIK EVIOT, fone to Finlay Eviot in Mwretoun, and fum- 
tyme fervand to Patrik Eviote of Mwretoun. 

Dilaitit, accufit, and perfewit be Sir Williame Oliphant, &c. and Johnne Ma- 
thow of Balhouffy, of the crymes following. 

DITTAY againjl the Pannell. 

FORSAMEKILL as Johnne Mathow of Balhouffte, in the moneth of Apryle, the 3eir of God I m . fex 
hundreth threttene 3eiris, haifing repairit towardis the Citie of St Androis, to half procure! Confirma- 
tioun of certane his landis, haldin be him of ]>e Proveift of pe Auld College pairof ; and haifing tane 
his euidentis 4 with him to that effect, lyke as, vpone the 26 day of the faid moneth of Apryle, being 
the Sen3ie-ffair-day s of St Androis, the faid Johnne Mathow, being within pe faid burgh, in his cuming 
alangis the Hie ftreit pairof, accumpaneit only with Alexander Blair, than his fervand, quha than had 
cayreing vnder his airme the faid Johnne Mathow his wallet, quhairin thair was ane grit number of 
his evidentis and writtis, with tua pair of filk fchankis, 6 ane pair of worfet fchankis, ane pair of fyne 
filk ga : rtanes, with ane certane quantitie of gray veluet, and vther fmall neceffaris pertening to him, 
all bund vp togidder within the faid wallet ; and at pair cuming foiranent Robert Ruflell his liable, 
quhair pe faid Johnne Mathowis horfe was ftablet for pe tyme, the faid Alexander Blair, his fervand, 
haifing than paft in to the faid ftaibleris houfe, to geve the faidis Johnne Mathowis horfe fum corne ; 
and in this meane tyme, haifing laid doun pe faid wallet, with the faidis euidentis and vtheris foirfaidis 
being pairin, vpone pe buird ; 7 it is of verritie, that pe faid Patrik Eviote, fei vand to the faid Patrik Eviote 
of Myretoun, of the fpeciall caufeing, directioun, hounding out, and command, reflett, affiftance, and 
ratihabitioun of his faid mafter, being for the fpace of tua or thre dayis of befoir, ever attending and 
following adreich 3 vpone the faid Johnne Mathow and his boy, in all pairtis of pe faid Citie of St An- 

1 A crop-eared stoned horse, mouse-coloured and dock-tailed. 2 A sorrel-coloured mare, marked with white 

on her face. a Alnwick. 4 Title-deeds. * Synod-fair. 6 Stockings. ' Table. 8 Dodying, 

and following at a little distance. 

VOL. III. 2 L 



266 CRIMINAL TRIALS. A.D. 1614. 

drois quhairvnto thay maid ony repair : And haifing perfauet the faid Alexander Blair pafs fra his 
maifteris bak, and to enter within )>e faid Robert Ruflellis duelling-hous, and fair to haif laid doun 
]>e faid wallet vpone the burd-heid ]>airof, in maner foirfaid ; in maift thiftious maner, he convoyed him 
felf within )>e faid Robert Rufiellis hous, as the faid Alexander Blair was in geving come to his 
maifteris horfe, and thiftiouflie part vp, flaw, conceillit, reflet, and away-tuik furth J>airof, the faid wal 
let, with the eridentis, filk fchankis, worfet fchankis, filk gairtenis, gray veluet, and vferis his necef- 
faris pertening to him, being all bund vp togidder bairintill, had and tranfpoirtit the famyn away with 
him to fie pairtis and places as he pleifit, nevir making ony reftitutioun nor redelyuerance fairof to the 
faid Johnne Mathow, juft awner of the famyn, to his grit hurt and perrell of ]>e fecuritie of his landis, 
be abstracting and withholding of )>e faidis evidentis )>airof. AND ficlyk, fFor the thiftious fteilling and 
away-taking of ane pair of blankettis, pertening to the Lady Balhoufiie ; and of ane pair of fyne mar- 
rillit 1 plaidis, pertening to ..... Roife of Cragie. And for cowmone Thift, and Reflett of thift, &c. 

VERDICT. Fylet, culpable, and convict of the haill thiftious crymes aboue 
fpecifeit. 

THE JUSTICE Continewis the pronunceatioun of Dome to the morne : And 
Ordanit the pannell to be committit to waird, in the meane tyme. 

May 21. SENTENCE. To be tane to the Caftell-hill of Edinburgh, and 
thair to be hangit vpone ane gibbet, quhill he be deid : And all his moveabill 
guidis to be efcheit, &c. 

Cafung Capttbt Jlatijj!)trr, 

Jun. 1. WILLIAME M C INTOSCHE of Effie ; Martene M c ewin V c ewir ; 
and Lauchlane M c coneill Vlauchlane in Bancher, (and others). 

Dilaitit for the taking of Colene Campbell of Clwnes captiue and prisoner ; 
And for the flauchter of vmq le Donald M c intailzeour, and vtheris crymes. 

Colene Campbell of Clwnes producet the Letteris, be the quhilkis thay ar de- 
nuncet rebellis, and put to the home, for nocht finding cautioun to haif compeirit, 
&c. And producet lykwayis ane Warrand, fubfcryuit be my Lord Chanceller, 
Secreter, and Thefaurer, for deferting the faidis Letteris aganis Duncane M c in- 
tqfche of Aberairdour, Williame M c lauchlane V c williame M c intofche, Angus 
Rofs, fervand to Williame Mlntofche in Boirlum, and Williame Bayne M c co- 
neill V c allafter Vayne, in Delnavert. 



Cm0uUm0 tottf) anitcjts ^owonmii Creasunalile JHurter. 

[THE Editor begs to refer the reader to a short introductory Notice prefixed to the Trial of RO 
BERT ERSKINE,* the brother of the pannels, whose crimes form the subject of the following Trial. It 
only seems necessary in addition to state, that he has been so fortunate as to obtain the following 
authentic memorials 3 of the proceedings against these unhappy victims of ungoverned passions, and 
of base and unbridled avarice. Their fate is written in letters BO legible, that he who runs may read. 

(Dec. 16, 1613.) " THE tua fifteris of the deceafled ROBERT ERSKYNE, who iuftlye fufferred 

1 Variegated ; mottled ; marbled ; or chequered. See Dec. 1, 1613. * From Denmylne MSS. 

Adv. Library, " Minutes of Privy Council Proceedings." See also Balfour's Annales, II., 53. 



47&12JAC. VI. CRIMINAL TRIALS. 267 

deathe, for the practyfe of Witchcraft and Poyfon vfed be him againft his twa nephewes, the bree- 
therine of THE HOUSE OF DYNNE, are brought to this Toun ; and being examined, are obdured in a 
conftant denyall of all that mater, nochtwithftanding that there late brother pall conftantlye to deathe, 
with avowing that deteftable cryme vpone thame, as being the firft devyfares therof, the motionaris 
therof to him, and the executoures therof in there own perfones. Thay are to be confronted with on 
who affifted thame in confell and executioun of that deede ; and thairefter, in caife of there perfe- 
veerance in there denyall, thay are to be pute to the Torture." 1 (Jun. 22, 1614.) ." THE xxij day 
of Junij nixt is appoyntit for the Tryell of HELENE and ISSOBELL ERSKENIS, for the Poyfoning of 
the twa brether of the Hous of Dynne ; and directioun is gevin to the Juftice and his Maiefteis Ad- 
uocat to proceid in the perfute, tryall, and punifchment of that mater accordinglie." (Jun. 23.) " THE 
thrie fifteris of the Houffe of Dinne wes this day pannelled, accoofed, and convicted of the Poyfone- 
ing of there two coofinges, the brether of Dinne ; and Sentence is geven aganes thame to lofe there 
heades ; whilk wilbe execute vpon the xxiiij of this inftant."J 

Jun. 22. HELENE ERSKINE, Iffobell Erfkine, and Annas Erfkyne, 
Sifleris to vmq le Robert Erfkyne, brother to the Laird of Dwn, 
and dochteris lauchfull to vmq le Johnne Erfkine, appeirand 
of Dwn, callit Johnne of Logic. 

Dilaitit of airt and pairt of the Poyfoneing of vmq le Johnne Erfkine, thair bro- 
ther-fone, 2 be miniftrating to him and to Alexander Erfkine, his brother, of ane 
poyfoneable drink ; of the quhilk the faid vmq le Johnne Erfkine depairtit this 
lyfe ; committit about Witfonday, in anno 1610 yeiris. 3 

PERSEWAR, Sir Williame Oliphant of Newtoun, kny*, Aduocat to our fouerane lord. 
PRELOCUTOURIS in defence, Mr Thomas Wilfone, and Mr Laurence M c gill, (Advocates,) Mr Johnne 

Erfkine, Minifter, 4 Mr Williame Keithe, Patrik Bruce. 

Mr Thomas Wilfoun and Laurence M c gill, Aduocatis, produces ane WARRAND 
of the Lordis of Secreit Counfall, be the quhilk thai war charget to compeir for 
the thre fifteris on pannell, in thair defence ; and in refpect of the fchortenes of 
tyme quhairupoun thay ar charget, and of the wechtines of the caus quhairupoun 
the pannell is dilaitit, defyres my lord Juftice to grant ane continuatioun to ffry- 
day nixt, that in the meyne tyme thay may haif lafure to advyfe with the pair- 
tie in the caus. The Aduocat anfueris, that na continuatioun can be grantit, in 
refpect the perfones on pannell was charget vpone fyftene dayis wairning ; and 
ane autentik coppie of thair Dittay was delyuerit to thame, at the geving of the 
faid charge. 

THE JUSTICE Ordanis proces ; and the Summondis to be red. 
It is allegit be the pannell and thair prelocutouris, that the Dittay is nawayis 
relevant, in thre feuerall poyntis, viz. ffirjl, in the allegit confulting with Jonet 
Irwing, Witche, nocht condifcending vpone the woirdis of confultatioun, or quhat 

1 The Editor has found no satisfactory evidence to establish that the Torture was actually put in 
force, in this Case. 2 Their Nephew, who was the heir-apparent of David Erskine, their eldest 

brother. 3 The ' Dittay' is a mere echo of their brother Robert's, and is therefore unnecessary 

to be inserted here. See Dec. 1, 1613. * At St Ceres Kirk. 



268 CRIMINAL TRIALS. A.D. 1614. 

refponfe was gevin to the pannell be the Witche. Secundo, anent the allegit 
reflauing of the vennemous or poyfoneable herbis, for the vfe contenit in the 
Dittay, non relevat, except the perfewar war fpeciall vpone the names of the 
herbis, and qualitie thairof. Tertio, as to the allegit iniunctiones gevin for vfe- 
ing of the faidis herbis, non relevat, except the perticuler woirdis of iniunctioun 
war fpeciallie fet doun in the Dittay. To the quhilk it is anfuerit, that the alle- 
geance aucht to be repellit, in refpect of the lybell, quhilk he vfes coniunctim in 
the haill pointis, as is qualifeit, viz. that the pannell pad arid confultit with ane 
Witche, fra quhome thay reflauit the poyfoneable herbis, with iniunctiones how 
to vfe the famyn, for the away-taking and diftructioun of thair brother-fones, 1 
in maner fpecifeit in the Dittay ; in refpect quhairof, the Dittay fould pas to the 
knawlege of ane Aflyfe. 

THE JUSTICE ffindis the Dittay relevant, coniunctim ; and nochtwithftanding 
of the allegeance, Remittis the famyn to ane Aflyfe. Quhairvpone the Aduocat 
alkit inftrumentis. 

ASSISA. 

James Douglas of TodhoiUis, Adame Cunninghame of Chapell, Mr Robert Stratoun, in Strathe, 
Mr Jofeph Hadden, Williame Somervell of Poje, Mr Robert Purves, in Ballache, 

Thomas Craigingelt of that Ilk, Johnne Norie, in Brechin, Johnne Moncur, in Blacok-mure, 

Thomas IngKs of Eiftfcbeill, Mr Thomas Ramfay, thair, Johnne Barclay, in Balmakellie, 

James Somerrell of Spittell, Robert Barclay, at Marie Kirk, Johnne Barclay of Johnniloun. 

The Aduocat, for verificatioun of the Dittay, produces ane Letter writtin be 
MrAirthour Erfkine, the pannellis father-brother, 2 thair Confeffioun of the cryme 
lybellit, and thair penitence for the fame ; with a defyre of his lordfchipis fupplie 
and help, to tranfpoirt thame furth of the cuntrie. 

The laid Letter being prefentit to Johnne Erfkin, Minifter, now Tutour of 
Dwn, and being inquyret gif the famyn was the faid Mr Airthouris hand-writ 
or nocht, Declairit that the famyn was everie woird the hand-rwrit of the faid 
Mr Airthour. Quhairupoun the Aduocat afkit inftrumentis. 

Thaireftir my lord Aduocat producet the Depofitiones maid be vmq le Robert 
Erfldne, thair brother, quha paft to the deid 3 at the Mercat-croce of Ed r , that 
the pannell war the only firft proponeris of that wiket fact to him ; and that the 
famyn was committit and done be the perfones on pannell, in maner fpecifeit in 
the Dittay. Repeittis the affirmatioun maid judiciallie be Dauid Blewhous of 
his former Depofitiones ; quhilk my lord Aduocat caufet reid ouer to Blewhous. 
Producet lykwayis the Depofitiones maid be Gilbert Campbell, and Johnne Kirk, 
in the faid matter ; and defyret the Aflyfe to cognofce thairupoun ; And pro- 
teftit for Wilfull Errour, in caice thai acquit the pannell of the faidis crymes. 

VERDICT. The Aflyfe, be pluralitie of voittis, ffand, pronuncet, and declairit 
1 Nephews. 2 Paternal uncle. 3 Death. 



47&12JAC. VI. CRIMINAL TRIALS. 269 

the faidis Iflbbell, Helene, and Annas Erfkynis to be ffylet, culpable, and con 
vict of the haill ciymes fpecifeit in the faid Dittay ; and that be the repoirt and 
Declaratioun of the faid Thomas Craigingelt of that Ilk, chanceller. 

SENTENCE. To be tane to the Mercat-croce of Ed r , and thair thair heidis to 
be ftrukin frome thair bodeyis : And all thair moveabill guidis to be efcheit, &c. 

DOME OF BANISCHEMENT vpone Helene Erjkine. 
(Mar. 22, 1615.) Helene Erfkine, ane of the thre lauchfull dochteris of 
vmq 1 * Johnne Erfkine, appeirand of Dwne, callit Johnne of Logie, being brocht 
furth of waird, out of the Tolbuith of Ed r , quhairin fcho had remanit fen her 
laft cqnvictioun, and prefentit vpone pannell, to heir DOME of new agane pro- 
nuncet aganis hir, as fcho that was convict and the dome of daith pronuncet 
aganis hir, &c. Ane ACT of Secreit Counfall was prefentit, and delyuerit to 
the Juftice ; quhairof the tennour followis. 

APUD ED B , decimojexto die men/is Marci/, anno Domini millefimo fexcentefimo decimo quinto. 
FORSAMEKILL AS, by the executioun to the daith of Robert Erjkine and his tuo fifteris, the im- 
poyfoning of the tuo bretherene of Dwne is fufficientlie pwneifched : And whearas, thair remaneth 3 it, 
in fure cuftodie, for the fame offence, HELENE ERSKINE, who being raoir penitent, thogh les giltie, 
than the reft, doith mereit the moir commiferatioun : His MAIESTIE is thairfoir graciouflie pleafit to 
fpair hir lyfe, 3it fo as fcho fall nocht efchaip the pwneifchment of hir pairt of the faid offence ; bot 
pat fcho be BANISCHED out of this kingdome, during hir lyftyme. THAIRFOIR, the Lordis of Secreit 
Counfall, pccoirding to the Kingis Maiefteis will, plefour, and directioun, fend vnto tliame in this mat 
ter, Ordanis and commandis his Maiefteis Juftice, Juftice clerk, and pair deputis, to appoint and fet 
ane new Juftice Court, to be haldin be thatne in the Tolbuthe of Ed r , at fuch tyme as thay pleis (to) 
affix ; and paii; to call the faid Helene befqir thame, and to pronunce new fentence and dome aganis 
hir ; ordaning hir to be BANISCHED this kingdome, and nevir to returne agane within the fame during 
hir lyftyme, without his Maiefteis Licence had and obtenit to pat effect ; and to depairt furth of this 
realme, within the fpace of fourtie dayis eftir pe pronunceing of the faid new dome, vnder the pane of 
deid : With certificatioun to hir, and 1 fcho failjie, and depairt npcht furth of this realme, within the 
terme foirfaid prefcryuit vnto hir ; and being depairtit furth of pis realme, yf fcho returne agane within 
the fame, without his Maiefteis Licence had and obtenit to that effect, that the pane of deid falbe exe 
cute againft hir, without fauour or mercie. 

EXTRACTUM de Libris Actorum Secreti Confilij f. d. n. regis, per me, Jacobum Prymrois, 
clericum ejufdem, fub meis figno et fubfcriptione manualibus. JACOBUS PRYMROIS. 

THE JUSTICE, for obedience of the will and ordinance thairin contenit, be 
the mouth of Johnne Dow, dempfter of Court, Ordanit, nochtwithftanding of 
the former dome of daith firft pronuncet, the faid Helene Erflrine to be BA- 
NISCHET, &c. 2 



Jun. 25. JONET BROUN, doehter to Johnne Broun in Bigger. 
Dilaitit, fforfamekill as Johnne Stewinfone in Bigger,, haifing this laft yeir 
1 An; if; in case. ? The terms of the Warrant are repeated, verbatim, in the Record. 



270 CRIMINAL TRIALS. A.D. 1614. 

gottin ane bairne with hir, in the filthie cryme of ffornicatioun, fcho, for avoid 
ing the fclander and pwneifchment, conceillit the faid bairne, fua that nane of 
the parochin knew hir to haif bene thairwith ; and about the moneth of Marche, 
or thairby, laft, being cum to the tyme of hir delyuerie, fcho paft furth of hir 
fatheris duelling-hous to the feildis, neir to the faid toun of Bigger ; and without 
feiking of ane meidwyfe, or vther ordiner help, fcho travellit, and was delyuerit of 
ane quik madin-bairne ; quhilk chyld fcho ftrangillit immediatlie, and tuik the 
fame to ane dyk-fyde outwith the faid toun of Bigger, and coverit the famyn 
with ane number of turves : And fa, be neglecting the ordiner meanis in hir 
birth, fcho crewallie murdreift and flew the faid bairne. 

The pannell denyis the Murthour of the bairne ; and fayis that the bairne 
deit fchortlie efter the beiring, being ane lafs-bairne ; and being deid, fcho eirdit 1 
the famyn in the grund of ane truff ftak, 8 in maner fpecifeit in the Dittay. 

VERDICT. The Afiyfe, be the mouth of Williame Flemyng of Perfilandis, 
chanceller, ffand, pronuncet, and declairit the faid Jonet to be ffylet, culpable, 
and convict of the Murthour and diftructioun of hir faid infant bairne, conforme 
to hir Dittay. SENTENCE. To be tane to the Caftell-hill of Ed r , and thair to 
be hangit quhill fcho be deid : And hir moveable guidis to be efcheit, &c. 



Jun. 25. ANDRO JULE, borne in Clermond, vnder the Laird of Dairfie. 

Dilaitit and accufet for the lleilling and away-taking of tua pair of fcheittis, 
ane pair of blankettis, ane littill panne, and ane fuord, pertening to Williame 
Perfone, in the Hill of Bathe. Grantit the famyn to be of verritie, and cravet 
God mercie thairfoir ; a d offerit him felf in our fouerane lordis will, and his 
hienes Juftice will, for the faidis crymes : Quhome the Juftice reffauit. 

SENTENCE. To be SCURGET throw the burgh of Ed r , and to be BANISCHET 
furth thairof for euir : And gif euer he war apprehendit for Thift heireftir, fould 
be hangit to the deid, but fauour. 



Cattlr--0tealtttjj 

Jul. 15. GILBERT JOHNNESTOUN, brother to Gawin Johnneftoun in 

Annand-holme. 

Dilaitit, accufet, and perfewit, be Hew Douglais of Dalwein, as fone, Sir 
Robert Dowglais of Carfchogill, as neir kinfman, of vmq le Hew Dowglais of Dal 
wein, ffor airt and pairt of the thifteous Steilling, conceilling, and away-taking, 
vnder filence and clud of nycht, furth of the landis and Maines of Dalwein, of 
threttie fax heid of ky and oxin, pertening to the faid vmq le Hew and his ten- 
1 Earthed ; buried. 8 Peat or turf stack. 



48&12JAC. VI. CRIMINAL TRIALS. 271 

nentis ; committit be him, and vtheris his complices, cowmone and notorious 
thevis, rebellis, and fugitiues, vpone the xxviij day of Auguft, I m .V. fourfcoir 
feviritene yeiris : AND ficlyk, ffor airt and pairt of the crewall Murthour and 
flauchter of the faid vmq le Hew Douglas of Dalvene, in the following and redding 
of the faid guidis, at the tyme foirfaid ; vpoun fet purpois, prowifioun, and foir- 
thocht fellonie. 

ASSISA. 

Johnne Lyndfay of Auchinfkeoch, Mr Samuel Kirkpatrik of Auchinlek, 

Robert Johnneftoun of Vamphra, Williame Johnneftoun of Lokerbie, 

James Greir of Pitfillan, James M c Math of Schaw, 

Capitane James Hunter, bnrges of Ed r , Johnne Bell, burges of Edinburghe. 1 

VERDICT. Fylit, culpable, and convict. Sentence continewit quhill the Juf- 
tice war advyfet with the Lordis of his Maiefteis Previe Counfall thairanent. 

Jul. 16. SENTENCE. The Juftice, ffor obedience of ane WARRAND, 
direct to him be the Lordis of Secreit Counfall, fubfcryuit be my Lord Prefident, 
my Lord of Roxburgh, my Lord of Bynning, Secretar, my Lord of Blantyre, 
and be my Lord of Kildrummye, be the mouth of Johnne Dow, dempfter, de- 
cernit and ordanit the faid Gilbert to be tane to the Caftell-hill of Ed r , and thair 
to be hangit vpoun ane gibbet, quhill he be deid ; and all his moveabill guidis to 
be efcheit, &c. 



Dec. 9. SIR PATRIK HEPBURNE of Vachtoune, kny* ; James Ker, Pa- 
trik Dikfoun, Dauid Allan (Ellem), Patrik Mortoun ftewart, 
Andro Gyller cuik, George Quhyt horfkeipar, Diones Smart 
huntifman, Williame Carfrae fcheiphird, Williame Drummond, 
all feruitouris to the faid Sir Patrik. 

Dilaitit for airt and pairt of the flauchter of vmq le Robert Broun, feruitour to 
-Mr Richart Dowglais of Brokhollis. 

Patrik Dowglais, baxter, burges of Ed r , producit the Letteris, dewlie execute 
and indorfat, purcheft be Johnne and George Brounes, as brether, and the faid 
Mr Richart, as maifter and neir kynfman of the faid vmq le Robert, and our fo- 
uerane lordis Aduocat, and proteftit for releif of his cautionerie ; the quhilk the 
Juftice admittit. Mr John Hepburne of Gilmertoun, as cautioner for the faidis 
Sir Patrik, for his releif of the faid cautionerie, producet the Counfallis Warrant, 
ordaning this dyet to be defert, &c. 

JUSTICE, Juftice clerk, and 3our deputtis : fforfamekill as the nynt day of December inftant is ap- 
pointit to Sir Patrik Hepburne of Vachtoun, kny*, James Ker, Patrik Dickfone, Dauid Ellem, and 
vtheris, his feruitouris, for thair compeirance befoir jow in the Tolbuith of Ed r , to vnderly our lawis 
for the flauchter of vmq le Ro* Broun, feruitour to Mr Richart Dowglais : And feing ]>e pairteis ar now 

1 The rest were burgesses of Edinburgh. 



272 CRIMINAL TRIALS. A.D. 1615. 

agreit, and hes chopin 1 handis, in prefence of diueris of our Nobiletie and of his Maiefteis Counfall : 
Theis ar thairfoir, in his Maiefteis name, to command 3ow to defert the faid dyet, and forbeir all 
forder proceiding Jmirintill : Quhairanent ]>ir prefentis falbe 3our Warrant. Ax ED B , the fewint day 
of December, I m .Vj c . and fourtein 3eiris. 

AL. CANCELL*. AL. MAR. R. CAITHNES. LYNLY^OOW. KINGORNE. LOTHEANE. 



Crrasxm &t*i*tins tf)t iitnu's ituutrnant 
SUfifUum in $rfcnn), &r* 

[THE proceedings which were adopted against PATRICK EARL OF ORKNEY, in the years 1610 and 
1611, have already been noticed in a former part of this Collection ; 2 and as THE REBELLION IN ORK 
NEY, as a matter of history, has been recorded in almost every History of Scotland, it is unnecessary 
here to enter into any minute detail or recapitulation. Owing to the relationship which existed be 
tween the Earl of Orkney and the King, and the high favour in which that Nobleman had long stood 
with his Majesty, every device appears to have been resorted to, on the part of the Privy Council and 
the Lord Advocate, for the purpose of enabling the Earl to prove his innocence of the former accusa 
tions of cruel Oppression and Tyranny, which had been brought against him by the wretched inhabit 
ants of Orkney and Shetland, after they had submitted, as long as was consistent with human nature, 
to endure such barbarous treatment. The Earl was accordingly confined in Edinburgh Castle; and in 
the meantime, the Privy Council deputed the Bishop of Orkney to enquire into the truth of these 
serious charges, and to report to them within a reasonable time. 

Owing to his attempts to escape from ward in Edinburgh Castle, the Earl of Orkney was convey 
ed, as a state prisoner, to the Castle of Dumbarton ; where it was considered he would be in more 
sure custody, and would, besides, be farther removed from the intrigues in which it had long been con 
jectured he was busily engaged. Notwithstanding of the vigilance of his keepers, he contrived to in 
struct his ' bafe fon,' ROBERT STEWART, one of the subjects of the following Trial, to proceed to 
Orkney, under the pretence of uplifting the rents which were due by his tenants, but, in reality, his 
design was to seize upon the Castle of Kirkwall and other strengths in